reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.108. Electronic Record of Online Notarizations

Sec. 406.108.  ELECTRONIC RECORD OF ONLINE NOTARIZATIONS.  (a)  An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public.  The electronic record must contain for each online notarization:
(1)  the date and time of the online notarization;
(2)  the type of notarial act;
(3)  the type, the title, or a description of the document or proceeding;
(4)  the printed name and address of each principal involved in the transaction or proceeding;
(5)  evidence of identity of each principal involved in the transaction or proceeding in the form of:
(A)  a statement that the person is personally known to the online notary public;
(B)  a notation of the type of identification document provided to the online notary public;
(C)  a record of the identity verification made under Section 406.110, if applicable; or
(D)  the following:
(i)  the printed name and address of each credible witness swearing to or affirming the person's identity; and
(ii)  for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
(6)  a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
(7)  the fee, if any, charged for the notarization.
(b)  The online notary public shall take reasonable steps to:
(1)  ensure the integrity, security, and authenticity of online notarizations;
(2)  maintain a backup for the electronic record required by Subsection (a); and
(3)  protect the backup record from unauthorized use.
(c)  The electronic record required by Subsection (a) shall be maintained for at least five years after the date of the transaction or proceeding.
(d)  For documents that are tangible instruments, an online notary public shall keep a record of the documents notarized by the online notary public with a tangible symbol.  The record for each online notarization with a tangible symbol must contain the same elements required by Subsection (a) for an electronic record.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.109. Use of Electronic Record, Signature, and Seal

Sec. 406.109.  USE OF ELECTRONIC RECORD, SIGNATURE, AND SEAL.  (a)  An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority.
(b)  An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control.  The online notary public may not allow another person to use the online notary public's electronic record, electronic signature, or electronic seal.
(c)  An online notary public may use the online notary public's electronic signature only for performing online notarization.
(d)  An online notary public shall attach the online notary public's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.
(e)  An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public's electronic record, electronic signature, or electronic seal.  An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal.
(f)  An online notary public shall authenticate all online notarizations with the online notary public's:
(1)  electronic seal, if the online notarization was performed with respect to an electronic document; or
(2)  seal of office as provided under Section 406.013, if the online notarization was performed with respect to a tangible document.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 3, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.110. Online Notarization Procedures Generally

Sec. 406.110.  ONLINE NOTARIZATION PROCEDURES GENERALLY.  (a)  An online notary public may perform an online notarization authorized under Section 406.107 that meets the requirements of this subchapter and rules adopted under this subchapter regardless of whether the principal is physically located in this state at the time of the online notarization.
(b)  In performing an online notarization, an online notary public shall verify the identity of a person signing a document at the time of the online notarization by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter.  Identity shall be verified by:
(1)  the online notary public's personal knowledge of the person signing a document; or
(2)  each of the following:
(A)  remote presentation by the person signing a document of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person;
(B)  credential analysis of the credential described by Paragraph (A); and
(C)  identity proofing of the person described by Paragraph (A).
(c)  The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception.
(d)  The notarial certificate for an online notarization must include a notation that the notarization is an online notarization and must indicate if the signature was a tangible symbol or an electronic signature.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 4, eff. January 1, 2024.
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 5, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.1103. Online Notarization Procedures for Tangible Documents

Sec. 406.1103.  ONLINE NOTARIZATION PROCEDURES FOR TANGIBLE DOCUMENTS.  (a)  In performing an online notarization in which the principal signs with a tangible symbol and not an electronic signature, an online notary public shall reasonably confirm that a document before the online notary public is the same document in which the principal made a statement or on which the principal executed a signature.
(b)  An online notary public satisfies the requirement of Subsection (a) to take an acknowledgment of a signature on a tangible document if:
(1)  during a video and audio recording described by Section 406.108(a)(6):
(A)  the acknowledgment is displayed to and identified by the principal; and
(B)  the principal signs the document and a declaration in substantially the following form that is a part of or securely attached to the document:
"I declare under penalty of perjury that the document of which this declaration is a part or to which it is attached is the same document on which (name of online notary public), an online notary public, performed an online notarization and before whom I appeared by means of two-way video and audio conference technology on (date).
________________________
(Signature of principal)
________________________
(Printed name of principal)";
(2)  the principal sends the document and declaration to the online notary public not later than the third day after the date the online notarization was performed; and
(3)  the online notary public:
(A)  in the video and audio recording under Subdivision (1), records the principal signing the document and declaration;
(B)  receives the document and declaration sent by the principal under Subdivision (2) not later than the 10th day after the date the online notarization was performed; and
(C)  after receipt of the document and declaration from the principal, executes a notarial certificate that includes a statement in substantially the following form:
"I, (name of online notary public), witnessed, by means of video and audio conference technology, (name of principal) sign the attached document and declaration on (date).".
(c)  An online notarization performed in compliance with Subsection (b) complies with any requirement regarding the execution of a notarial certificate and is effective on the date the principal signed the declaration under Subsection (b)(1)(B).
(d)  A notarial certificate executed in the form described by Subsection (b)(3)(C) may be relied on as conclusive evidence of compliance with Subsections (b)(2) and (b)(3)(B).
(e)  Subsection (b) does not preclude use of another procedure to satisfy Subsection (a) for an online notarization performed with respect to a tangible document.
Added by Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 6, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.1107. Online Notarization Procedures for Oaths or Affirmations

Sec. 406.1107.  ONLINE NOTARIZATION PROCEDURES FOR OATHS OR AFFIRMATIONS.  An online notary public may administer an oath or affirmation to a principal as an online notarization if, except as otherwise provided by other law of this state, the online notary public:
(1)  identifies the principal under Section 406.110(b);
(2)  creates or causes the creation under Section 406.108 of a video and audio recording of the principal taking the oath or affirmation; and
(3)  retains or causes the retention under Section 406.108 of the recording.
Added by Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 6, eff. January 1, 2024.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.111. Fees for Online Notarization

Sec. 406.111.  FEES FOR ONLINE NOTARIZATION.  An online notary public or the online notary public's employer may charge a fee in an amount not to exceed $25 for performing an online notarization in addition to any other fees authorized under Section 406.024.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.112. Termination of Online Notary Public's Commission

Sec. 406.112.  TERMINATION OF ONLINE NOTARY PUBLIC'S COMMISSION.  (a)  Except as provided by Subsection (b), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public's official electronic signature or seal. The online notary public shall certify compliance with this subsection to the secretary of state.
(b)  A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described by Subsection (a) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three months after the former online notary public's former commission terminated.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.113. Wrongful Possession of Software or Hardware; Criminal Offense

Sec. 406.113.  WRONGFUL POSSESSION OF SOFTWARE OR HARDWARE; CRIMINAL OFFENSE.  (a)  A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.001. Definitions

Sec. 411.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Public Safety Commission.
(2)  "Department" means the Department of Public Safety of the State of Texas.
(3)  "Director" means the public safety director.
(4)  "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.
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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0011. Certain Local Government Corporations Engaged in Criminal Identification Activities

Sec. 411.0011.  CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN CRIMINAL IDENTIFICATION ACTIVITIES.  For purposes of this chapter, a reference to "criminal justice agency" includes a local government corporation created under Subchapter D, Chapter 431, Transportation Code, for governmental purposes relating to criminal identification activities, including forensic analysis, that allocates a substantial part of its annual budget to those criminal identification activities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 5, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.002. Department of Public Safety of the State of Texas

Sec. 411.002.  DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS.  (a)  The Department of Public Safety of the State of Texas is an agency of the state to enforce the laws protecting the public safety 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.
(b)  The department shall have its principal office and headquarters in Austin.
(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, 2031.
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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.01, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.01, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.003. Public Safety Commission

Sec. 411.003.  PUBLIC SAFETY COMMISSION.  (a)  The Public Safety Commission controls the department.
(b)  The commission is composed of five citizens of this state appointed by the governor with the 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.
(c) Members serve staggered six-year terms with the terms of either one or two members expiring January 1 of each even-numbered year.
(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.
(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.
(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.
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.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 20.01, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 120 (S.B. 1814), Sec. 1, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0031. Training for Commission Members

Sec. 411.0031.  TRAINING FOR COMMISSION MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing the department's operations;
(2)  the programs, functions, rules, and budget of the department;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the department;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the commission in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(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.
(d)  The director shall create a training manual that includes the information required by Subsection (b).  The director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 1.002, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0035. Member and General Counsel Restriction

Sec. 411.0035.  MEMBER AND GENERAL COUNSEL RESTRICTION.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(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:
(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
(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.
(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.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.02, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0036. Removal of Commission Member

Sec. 411.0036.  REMOVAL OF COMMISSION MEMBER.  (a)  It is a ground for removal from the commission if a member:
(1)  does not have at the time of appointment the qualifications required by Section 411.003;
(2)  does not maintain during service on the commission the qualifications required by Section 411.003;
(3)  violates a prohibition established by Section 411.0035;
(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
(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.
(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.
(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.
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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.004. Duties and Powers of Commission

Sec. 411.004.  DUTIES AND POWERS OF COMMISSION.  The commission shall:
(1)  formulate plans and policies for:
(A)  enforcement of state criminal, traffic, and safety laws;
(B)  prevention of crime;
(C)  detection and apprehension of persons who violate laws;  and
(D)  education of citizens of this state in the promotion of public safety and the observance of law;
(2)  organize the department and supervise its operation;
(3)  adopt rules considered necessary for carrying out the department's work;
(4)  maintain records of all proceedings and official orders;  and
(5)  biennially submit a report of its work to the governor and legislature, including the commission's and director's recommendations.
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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0041. Open Meetings Exception: Criminal Investigations

Sec. 411.0041.  OPEN MEETINGS EXCEPTION:  CRIMINAL INVESTIGATIONS.  A discussion or deliberation of the commission regarding an ongoing criminal investigation, including a vote to issue a directive or take other action regarding the investigation, is not subject to the open meetings law, Chapter 551.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0042. Division of Responsibilities

Sec. 411.0042.  DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and the staff of the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.03, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0043. Technology Policy; Review

Sec. 411.0043.  TECHNOLOGY POLICY; REVIEW.  (a)  The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions.  The policy must ensure that the public is able to interact with the department on the Internet.
(b)  The department shall periodically:
(1)  review the department's existing information technology system to determine whether:
(A)  the system's security should be upgraded; and
(B)  the system provides the department with the best ability to monitor and investigate criminal activity on the Internet; and
(2)  make any necessary improvements to the department's information technology system.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.04, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0044. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 411.0044.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the department's jurisdiction.
(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.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.05, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0045. Physical Fitness Programs

Sec. 411.0045.  PHYSICAL FITNESS PROGRAMS.  The commission shall adopt:
(1)  physical fitness programs in accordance with Section 614.172; and
(2)  a resolution certifying that the programs adopted under Subdivision (1) are consistent with generally accepted scientific standards and meet all applicable requirements of state and federal labor and employment law.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 1.003, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.005. Director, Deputy Directors, and Assistant Directors

Sec. 411.005.  DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT DIRECTORS.  (a)  The commission shall appoint a citizen of the United States as public safety director.  The director serves until removed by the commission.
(b)  The 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.
(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.
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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.06, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.07, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.006. Duties of Director

Sec. 411.006.  DUTIES OF DIRECTOR.  (a)  The director shall:
(1)  be directly responsible to the commission for the conduct of the department's affairs;
(2)  act as executive director of the department;
(3)  act with the commission in an advisory capacity, without vote;
(4)  adopt rules, subject to commission approval, considered necessary for the control of the department;
(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;
(6)  appoint, with the advice and consent of the commission, the head of a division or bureau provided for by this chapter;
(7)  quarterly, annually, and biennially submit to the commission detailed reports of the operation of the department, including statements of its expenditures;  and
(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.
(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.
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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0071. Direct Appointment to Management Team Positions by Director

Sec. 411.0071.  DIRECT APPOINTMENT TO MANAGEMENT TEAM POSITIONS BY DIRECTOR.  (a)  The director may designate a head of a division or a position that involves working directly with the director as a management team position.
(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.
(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.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0072. Employment-Related Grievances and Appeals of Disciplinary Actions Within the Department

Sec. 411.0072.  EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT.  (a)  In this section:
(1)  "Disciplinary action" means discharge, suspension, or demotion.
(2)  "Employment-related grievance" means an employment-related issue, other than a disciplinary action, in 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.
(b)  The commission shall establish procedures and practices governing the appeal of a disciplinary action within the department.
(c)  The commission shall establish procedures and practices through which the department will address an employment-related grievance that include:
(1)  a form on which an employee may state an employment-related grievance and request a specific corrective action;
(2)  time limits for submitting a grievance and for management to respond to a grievance;
(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;
(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
(5)  a program to advertise and explain the grievance procedure to all employees.
(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:
(1)  the number of grievances filed;
(2)  a brief description of the subject of each grievance filed;  and
(3)  the final disposition of each grievance.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 35 (S.B. 740), Sec. 2, eff. May 4, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0073. Mediation of Personnel Disputes

Sec. 411.0073.  MEDIATION OF PERSONNEL DISPUTES.  (a)  The commission shall establish procedures for an employee to resolve an employment-related grievance covered by Section 411.0072 through mediation if the employee chooses.  The procedures must include mediation procedures and establish the circumstances under which mediation is appropriate for an employment-related grievance.
(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.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0074. Polygraph Examinations for Certain Applicants

Sec. 411.0074.  POLYGRAPH EXAMINATIONS FOR CERTAIN APPLICANTS.  (a)  This section does not apply to:
(1)  an applicant who is currently a peace officer of the department commissioned by the department; or
(2)  an applicant for a police communications operator position who is currently employed by the department in another police communications operator position.
(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).
(c)  The polygraph examination required by this section may only be administered by a polygraph examiner who:
(1)  is a peace officer commissioned by the department; or
(2)  has a minimum of two years of experience conducting preemployment polygraph examinations for a law enforcement agency.
(d)  The department and the polygraph examiner shall maintain the confidentiality of the results of a polygraph examination administered under this section, except that the department may disclose any admission of criminal conduct made during the course of an examination to another appropriate governmental entity.
(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.
(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.
Added by Acts 2005, 79th Leg., Ch. 955 (H.B. 1589), Sec. 2, eff. June 18, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 2.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.00741. Polygraph Examinations for Certain Officers and Employees

Sec. 411.00741.  POLYGRAPH EXAMINATIONS FOR CERTAIN OFFICERS AND EMPLOYEES.  (a)  The department may require a commissioned or noncommissioned officer or employee of the department to submit to the administration of a polygraph examination administered by a polygraph examiner if:
(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
(2)  the federal agency requires that the officer or employee submit to a polygraph examination.
(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:
(1)  remove the officer or employee from an assignment to a position described by Subsection (a)(1); or
(2)  refuse to assign the officer or employee to that position.
Added by Acts 2007, 80th Leg., R.S., Ch. 362 (S.B. 295), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0075. Personnel Policies

Sec. 411.0075.  PERSONNEL POLICIES.  (a)  The director or the director's designee shall develop an intraagency career ladder program.  The program shall require intraagency postings of all non-entry-level positions concurrently with any public posting.
(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:
(1)  personnel policies, including policies related to recruitment, evaluation, selection, appointment, training, and promotion of personnel;
(2)  a comprehensive analysis of the department work force that meets federal and state guidelines;
(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
(4)  reasonable methods to appropriately address those areas of significant underuse.
(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.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(30), eff. June 17, 2011.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 7, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(30), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0076. Minority Recruiting

Sec. 411.0076.  MINORITY RECRUITING.  (a)  The department shall continue to place emphasis on minority recruiting and hiring efforts for noncommissioned positions.
(b)  The department's minority recruiter and equal employment opportunity positions created for personnel and equal employment opportunity matters shall continue to pertain to both commissioned and noncommissioned employees.
(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.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter A. General Provisions and Administration › Section 411.0077. Limitation on Restrictions on Certain Off-Duty Activities

Sec. 411.0077.  LIMITATION ON RESTRICTIONS ON CERTAIN OFF-DUTY ACTIVITIES.  (a)  During the period that the officer is off duty, a commissioned officer of the department is entitled to attend educational programs or courses or 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.
(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.
(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.
(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.
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.