reglab/statecodes huggingface dataset:
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 D. Administrative Division › Section 411.049. Report Related to Certain Intoxication Offenses

Sec. 411.049.  REPORT RELATED TO CERTAIN INTOXICATION OFFENSES.  (a)  In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.
(b)  The department shall compile and maintain statistical information on the prosecution of offenses relating to the operating of a motor vehicle while intoxicated, including:
(1)  the number of arrests;
(2)  the number of arrests resulting in release with no charges;
(3)  the number of charges resulting in a plea of not guilty and a trial;
(4)  the number of charges resulting in a plea of guilty or nolo contendere;
(5)  the number of charges resulting in a conviction of the offense charged in the original information, indictment, complaint, or other charging instrument;
(6)  the number of charges resulting in a conviction of an offense other than the offense charged in the original information, indictment, complaint, or other charging instrument; and
(7)  the number of charges resulting in a dismissal.
(c)  Each law enforcement agency that enforces Chapter 49, Penal Code, and each appropriate prosecuting attorney's office and court in this state shall report in the manner and on a form prescribed by the department the information necessary for the department to compile the information required by Subsection (b).
(d)  The department shall identify law enforcement agencies, prosecuting attorney's offices, and courts required to report under Subsection (c) that fail to timely report or that report incomplete information to the department.
(e)  The department shall submit to the legislature not later than February 15 of each year a report of the statistical information described in Subsection (b) compiled for the preceding calendar year.  The report must include a list of the law enforcement agencies, prosecuting attorney's offices, and courts identified by the department under Subsection (d).
(f)  The department may adopt rules to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 889 (S.B. 364), Sec. 1, eff. September 1, 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 D. Administrative Division › Section 411.050. Crime Statistic Mapping

Sec. 411.050.  CRIME STATISTIC MAPPING.  The department, in conjunction with Texas State University, may annually produce maps of the state that include information regarding crime statistics correlated with the various regions of the state.
Added by Acts 1999, 76th Leg., ch. 1189, Sec. 13, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 386, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 30 (S.B. 974), Sec. 12, eff. September 1, 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 D. Administrative Division › Section 411.051. Analysis of Information Identifying Persons Committing or Suspected of Committing Certain Property Offenses Against Elderly Individuals

Sec. 411.051.  ANALYSIS OF INFORMATION IDENTIFYING PERSONS COMMITTING OR SUSPECTED OF COMMITTING CERTAIN PROPERTY OFFENSES AGAINST ELDERLY INDIVIDUALS.  (a)  This section applies to an offense under Chapter 31 or 32, Penal Code, or any other offense under that code involving an intent to steal or defraud if the offense was committed against an elderly individual as defined by Section 22.04(c), Penal Code.
(b)  For purposes of this section, the victim's status as an elderly individual is determined according to the victim's age at the time of the offense.
(c)  A law enforcement agency that investigates an offense described by Subsection (a) shall report the investigation to the department in the form and manner and at regular intervals as prescribed by rules adopted by the department.  The rules must require submission of the original investigative report and any supplemental investigative report containing new, significant information.
(d)  To identify a person committing or suspected of committing an offense described by Subsection (a) or a victim of an offense described by that subsection, the department shall analyze information received under this section and any other corresponding information possessed by the department.
(e)  The department shall make the analysis required by this section available to any local law enforcement agency, political subdivision, or state agency to the extent the analysis is reasonably necessary or useful to the agency or subdivision in carrying out duties imposed by law on the agency or subdivision.  This subsection may not be construed to enable direct access by a person to information analyzed by the department under this section if the person does not otherwise have direct access to that information.  Dissemination of the analysis required by this section is subject to all confidentiality requirements imposed by other law.
Added by Acts 2001, 77th Leg., ch. 789, Sec. 1, eff. Sept. 1, 2001.
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 D. Administrative Division › Section 411.053. Preservation of Evidence Containing Biological Material

Sec. 411.053.  PRESERVATION OF EVIDENCE CONTAINING BIOLOGICAL MATERIAL.  (a)  The department:
(1)  shall maintain a storage space for the preservation of evidence containing biological material that is delivered to the department under Article 38.43(f), Code of Criminal Procedure; and
(2)  may maintain a storage space for the preservation of evidence of a sexual assault or other sex offense.
(b)  The department shall adopt rules relating to the delivery, cataloging, and preservation of evidence stored under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1179 (H.B. 3594), Sec. 2, eff. September 1, 2009.
Redesignated from Government Code, Section 411.052 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(15), eff. September 1, 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 D. Administrative Division › Section 411.054. Incident-Based Crime Statistics Reporting by Local Law Enforcement Agencies

Sec. 411.054.  INCIDENT-BASED CRIME STATISTICS REPORTING BY LOCAL LAW ENFORCEMENT AGENCIES.  (a)  The department shall require all local law enforcement agencies to:
(1)  implement an incident-based reporting system that meets the reporting requirements of the National Incident-Based Reporting System of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and
(2)  use the system described by Subdivision (1) to submit to the department information and statistics concerning criminal offenses committed in the jurisdiction of the local law enforcement agency.
(b)  The department by rule shall prescribe the form and manner for submitting information and statistics under this section.
(c)  Except as otherwise provided by this section and Section 411.0541, information and statistics submitted to the department under this section are confidential and not subject to disclosure under Chapter 552.
(d)  The department shall submit the information and statistics received by the department under this section to the Uniform Crime Reporting Program of the Federal Bureau of Investigation, as required by that program.
Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 10, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 633 (H.B. 4879), Sec. 1, eff. September 1, 2023.
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 D. Administrative Division › Section 411.0541. Texas Crime Information System

Sec. 411.0541.  TEXAS CRIME INFORMATION SYSTEM.  (a)  In this section:
(1)  "Criminal justice agency" means:
(A)  a state agency that is engaged in the administration of criminal justice under a statute or executive order and allocates a substantial part of the agency's annual budget to the administration of criminal justice; or
(B)  a municipal or county agency, or school district law enforcement agency, that is engaged in the administration of criminal justice under a statute or executive order.
(2)  "System" means the computer-based Texas crime information system established under Subsection (b).
(b)  The department shall establish and maintain a computer-based Texas crime information system that includes all of the information and statistics submitted to the department under Section 411.054.
(c)  The department shall restrict access to the system to authorized personnel of criminal justice agencies, as determined by the department.
(d)  The department shall use the information included in the system to periodically publish reports regarding the nature and extent of criminal activities in this state.  The department shall submit each report published under this subsection to the governor and each member of the legislature and shall publish each report on the department's Internet website.
Added by Acts 2023, 88th Leg., R.S., Ch. 633 (H.B. 4879), Sec. 2, eff. September 1, 2023.
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 D. Administrative Division › Section 411.055. Annual Report on Border Crime and Other Criminal Activity

Sec. 411.055.  ANNUAL REPORT ON BORDER CRIME AND OTHER CRIMINAL ACTIVITY.  (a)  Not later than May 30 of each year, the department shall submit to the legislature a report on border crime and other criminal activity.  The report must include:
(1)  statistics for each month of the preceding calendar year and yearly totals of all border crime, as defined by Section 772.0071, and other criminal activity, including transnational criminal activity, the department determines relates to border security that occurred in each county included in a department region that is adjacent to the Texas-Mexico border; and
(2)  statewide crime statistics for the crimes reported under Subdivision (1).
(b)  In compiling the information for the report, the department shall use information available in the National Incident-Based Reporting System of the Uniform Crime Reporting Program of the Federal Bureau of Investigation and the Texas Incident-Based Reporting System of the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 2.001, 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 D. -1. Central Index of Certain Additional Offenses Suspected to Have Been Committed by Criminal Defendants › Section 411.0601. Definition

Sec. 411.0601.  DEFINITION.  In this subchapter, "criminal justice agency" has the meaning assigned by Article 66.001, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.09, eff. January 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 D. -1. Central Index of Certain Additional Offenses Suspected to Have Been Committed by Criminal Defendants › Section 411.0602. Establishment of Central Index; Entry of Information

Sec. 411.0602.  ESTABLISHMENT OF CENTRAL INDEX; ENTRY OF INFORMATION.  (a)  In the law enforcement information system maintained by the department, the bureau of identification and records shall establish and maintain a central index to collect and disseminate information regarding additional offenses that forensic DNA test results indicate may have been committed by a defendant who has been arrested for or charged with any felony or misdemeanor offense, other than a misdemeanor offense punishable by fine only.
(b)  Information relating to a defendant described by Subsection (a) may be entered in the central index only if the information is based on forensic DNA test results indicating that the DNA profile of the defendant cannot be excluded as a donor to the DNA profile of a person suspected to have committed an offense, regardless of whether the defendant has been or will be arrested for or charged with that offense.  The information must be:
(1)  submitted in the form of an affidavit signed by a representative of an investigating criminal justice agency and approved by a district judge; and
(2)  accompanied by a set of the defendant's fingerprints.
Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, 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 D. -1. Central Index of Certain Additional Offenses Suspected to Have Been Committed by Criminal Defendants › Section 411.0603. Confidentiality and Dissemination of Information in Central Index

Sec. 411.0603.  CONFIDENTIALITY AND DISSEMINATION OF INFORMATION IN CENTRAL INDEX.  (a)  Information maintained by the department in the central index established under this subchapter is confidential.  The department may not disseminate the information except as otherwise provided by this section.
(b)  On proper inquiry, the department shall disseminate to a criminal justice agency the information collected under Section 411.0602.  The criminal justice agency may disseminate the information to any other criminal justice agency if the dissemination of that information is for a criminal justice purpose.
(c)  A criminal justice agency or an employee of a criminal justice agency is not liable for an act or omission relating to the collection, use, or dissemination of information collected under Section 411.0602 if that collection, use, or dissemination is performed in accordance with rules adopted by the director.
Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, 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 D. -1. Central Index of Certain Additional Offenses Suspected to Have Been Committed by Criminal Defendants › Section 411.0604. Rules

Sec. 411.0604.  RULES.  The director shall adopt rules to implement and enforce this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, eff. 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 D. -1. Central Index of Certain Additional Offenses Suspected to Have Been Committed by Criminal Defendants › Section 411.0605. Right to Request Notice of Entry in Central Index

Sec. 411.0605.  RIGHT TO REQUEST NOTICE OF ENTRY IN CENTRAL INDEX.  (a)  A defendant described by Section 411.0602(a) may submit to the bureau of identification and records a request to determine whether the bureau has entered information relating to the defendant in the central index established under Section 411.0602.  The bureau shall respond to the request not later than the 10th business day after the date the bureau receives the request.
(b)  Before responding to a request under Subsection (a), the bureau may require reasonable written verification of the identity of the defendant submitting the request, including written verification of an address, date of birth, driver's license number, state identification card number, or social security number.
Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, 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 D. -1. Central Index of Certain Additional Offenses Suspected to Have Been Committed by Criminal Defendants › Section 411.0606. Right to Request Review of Entry in Central Index

Sec. 411.0606.  RIGHT TO REQUEST REVIEW OF ENTRY IN CENTRAL INDEX.  (a)  On receipt by the bureau of identification and records of a written request that is submitted by a defendant described by Section 411.0602(a), that is accompanied by a set of the defendant's fingerprints, and that alleges that the bureau may have entered inaccurate information relating to the defendant in the central index established under Section 411.0602, the head of the bureau or that person's designee and the head of the department's crime laboratory in Austin each shall review the information to determine whether there is a high likelihood that the information is accurate.
(b)  If after review the head of the bureau or that person's designee or the head of the department's crime laboratory in Austin determines there is not a high likelihood that the information relating to the defendant is accurate, the bureau shall:
(1)  promptly remove that information from the central index; and
(2)  notify other appropriate divisions of the department, the investigating criminal justice agency, and the defendant of the bureau's determination and the removal of the information.
(c)  If after review the head of the bureau or that person's designee and the head of the department's crime laboratory in Austin jointly determine there is a high likelihood that the information relating to the defendant is accurate, the bureau shall notify the defendant of that determination.
Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, 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 E. Capitol Complex › Section 411.061. Definition

Sec. 411.061.  DEFINITION.  (a)  In this subchapter, "Capitol Complex" means the following property that is located in Austin, Texas, to the extent the property is owned by or under the control of the state:
(1)  the area bounded on the north by the inside curb of Martin Luther King, Jr., Boulevard, on the east by the outside curb of Trinity Street, on the south by the outside curb of 10th Street, and on the west by the outside curb of Lavaca Street;
(2)  the William P. Clements State Office Building located at 300 West 15th Street;  and
(3)  other locations under the jurisdiction of the capitol police district as may be approved by the director.
(b)  The provisions of this subchapter do not apply to the property or parking facility under the management and control of the Texas Employment Commission and located within the bounds set forth in Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 14, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 270, Sec. 3, eff. May 26, 1997.
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 E. Capitol Complex › Section 411.062. Law Enforcement and Security Authority

Sec. 411.062.  LAW ENFORCEMENT AND SECURITY AUTHORITY.  (a)  The department has primary responsibility for law enforcement and security services on the Capitol Complex.
(b)  Subsection (a) does not prohibit the department from requesting or receiving assistance from another law enforcement agency.
(c)  This section does not prohibit a peace officer who is not a member of the department from exercising the officer's authority on the Capitol Complex in an emergency or in a situation where the officer reasonably believes that immediate action is necessary.
(d)  The department shall adopt rules relating to security of persons and access to and protection of the grounds, public buildings, and property of the state within the Capitol Complex, except that public use of the capitol, the capitol extension, the capitol grounds, and the General Land Office building shall be governed by the State Preservation Board.
(d-1)  The director shall adopt rules governing the use of unmanned aircraft in the Capitol Complex. The rules adopted under this subsection may:
(1)  prohibit the use of unmanned aircraft in the Capitol Complex; or
(2)  authorize limited use of unmanned aircraft in the Capitol Complex.
(e)  The department may enforce the rules of the State Preservation Board, adopted under Section 443.018.
(f)  The department and the City of Austin shall execute an interlocal cooperation agreement that defines the respective responsibilities of the department and the city for traffic and parking enforcement and general security in the Capitol Complex, including private property within the boundaries of the complex.
(g)  The commission may authorize the director to impose within the Capitol Complex measures the director determines to be necessary to protect the safety and security of persons and property within the complex.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 14, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 270, Sec. 4, eff. May 26, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 178 (H.B. 3628), Sec. 1, 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 E. Capitol Complex › Section 411.0625. Pass for Expedited Access to Capitol

Sec. 411.0625.  PASS FOR EXPEDITED ACCESS TO CAPITOL.  (a)  The department shall allow a person to enter the Capitol and the Capitol Extension, including any public space in the Capitol or Capitol Extension, in the same manner as the department allows entry to a person who presents a license to carry a handgun under Subchapter H if the person:
(1)  obtains from the department a Capitol access pass; and
(2)  presents the pass to the appropriate law enforcement official when entering the building or a space within the building.
(b)  To be eligible for a Capitol access pass, a person must meet the eligibility requirements applicable to a license to carry a handgun under Subchapter H, other than requirements regarding evidence of handgun proficiency.
(c)  The department shall adopt rules to establish a procedure by which a resident of the state may apply for and be issued a Capitol access pass.  Rules adopted under this section must include provisions for eligibility, application, approval, issuance, and renewal that:
(1)  require the department to conduct the same background check on an applicant for a Capitol access pass that is conducted on an applicant for a license to carry a handgun under Subchapter H;
(2)  enable the department to conduct the background check described by Subdivision (1); and
(3)  establish application and renewal fees in amounts sufficient to cover the cost of administering this section, not to exceed the amounts of similar fees required under Section 411.174 for a license to carry a handgun.
Added by Acts 2011, 82nd Leg., R.S., Ch. 205 (H.B. 2131), Sec. 1, eff. May 30, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 15, eff. January 1, 2016.
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 E. Capitol Complex › Section 411.064. Assistance of Texas Department of Transportation or Texas Facilities Commission

Sec. 411.064.  ASSISTANCE OF TEXAS DEPARTMENT OF TRANSPORTATION OR TEXAS FACILITIES COMMISSION.  (a)  On request of the department, the Texas Department of Transportation and the Texas Facilities Commission shall:
(1)  assist the department in the marking and designation of parking lots, parking garages, and parking spaces;
(2)  maintain the painting of lines and curb markings; and
(3)  furnish and erect direction and information signs.
(b)  The department may recover the cost of providing the services described in Subsection (a) from the agency or agencies for which the service was provided.  To the extent that either the Texas Facilities Commission or the Texas Department of Transportation provides or assists in providing the services described in Subsection (a), that agency shall be reimbursed by the department from its funds or the funds received from another agency under this subsection.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 14, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 1, 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 E. Capitol Complex › Section 411.0645. Transportation Planning Committee

Sec. 411.0645.  TRANSPORTATION PLANNING COMMITTEE.  (a)  The department, the City of Austin, the Capital Metropolitan Transportation Authority, the Texas Facilities Commission, the State Preservation Board, and The University of Texas at Austin shall each designate a representative to a committee established for the purpose of coordinating transportation in and adjacent to the Capitol Complex.  The representative of the department shall convene the initial meeting of the committee, and the committee shall elect officers and meet as decided by the committee.
(b)  The committee may develop and recommend to the agencies represented agreements and memoranda of understanding relating to transportation in and adjacent to the Capitol Complex, including agreements or understandings relating to parking, vehicle traffic, and the location of light rail or other mass transit terminals and facilities in that area.
Added by Acts 1997, 75th Leg., ch. 270, Sec. 6, eff. May 26, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 2, 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 E. Capitol Complex › Section 411.065. Offenses

Sec. 411.065.  OFFENSES.  (a)  A person commits an offense if the person violates a rule of the department adopted under Section 411.062 or a rule of the State Preservation Board adopted under Section 411.063.
(b)  An offense under this section is a Class C misdemeanor, except that an offense is a Class B misdemeanor if the person violates a rule adopted under Section 411.062(d-1).
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 14, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 270, Sec. 7, eff. May 26, 1997;  Acts 2001, 77th Leg., ch. 1462, Sec. 7, eff. June 17, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 178 (H.B. 3628), Sec. 2, 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 E. Capitol Complex › Section 411.066. Jurisdiction

Sec. 411.066.  JURISDICTION.  The municipal court of a municipality and the justice courts of a county in which an offense under Section 411.065 was committed have concurrent original jurisdiction over such an offense.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 14, 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 E. Capitol Complex › Section 411.067. Administrative Parking Violations

Sec. 411.067.  ADMINISTRATIVE PARKING VIOLATIONS.  (a)  The department may adopt rules for the assessment of an administrative fine of $25 for violations of the parking rules adopted under Section 411.063.  Notwithstanding the provisions of Sections 411.065 and 411.066, the department may issue an administrative citation for a parking violation.
(b)  Rules adopted under this section shall:
(1)  establish a system for enforcement of administrative citations, including assessment of a late fee not to exceed $5 and towing, impoundment, or immobilization of vehicles; and
(2)  provide a procedure of administrative review within the highway patrol district that includes the Capitol Complex and, on request of the person assessed an administrative fine, further judicial review by the department filing the appropriate citation or complaint in a court, as provided in Section 411.066.
(c)  The administrative review provided for in Subsection (b) shall not be considered a contested case under Chapter 2001 or Chapter 2003.
(d)  The department shall remit to the comptroller for deposit in the general revenue fund each administrative fine and late fee collected under this section.  The money deposited may be appropriated only to the department for security and parking in the highway patrol district that includes the Capitol Complex.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 14, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), (76), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 20.01, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.071. Definitions

Sec. 411.071.  DEFINITIONS.  In this subchapter, "criminal history record information," "criminal justice agency," and "criminal justice purpose" have the meanings assigned by Section 411.082.
Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 1, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0715. Definition of Deferred Adjudication Community Supervision for Purpose of Receiving Order of Nondisclosure

Sec. 411.0715.  DEFINITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR PURPOSE OF RECEIVING ORDER OF NONDISCLOSURE.  For purposes of an order of nondisclosure of criminal history record information under this subchapter, a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization:
(1)  the person entered a plea of guilty or nolo contendere;
(2)  the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and
(3)  at the end of the period of supervision the judge dismissed the proceedings and discharged the person.
Transferred, redesignated and amended from Government Code, Section 411.081(f) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 2, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0716. Applicability of Subchapter

Sec. 411.0716.  APPLICABILITY OF SUBCHAPTER.  (a)  Except as provided by Subsection (b), this subchapter applies to the issuance of an order of nondisclosure of criminal history record information for an offense committed before, on, or after September 1, 2017.
(b)  Section 411.072 applies only to a person described by Subsection (a) of that section who receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, on or after September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 1, eff. September 1, 2017.
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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0726. Procedure for Deferred Adjudication Community Supervision; Certain Driving While Intoxicated and Boating While Intoxicated Misdemeanors

Sec. 411.0726.  PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND BOATING WHILE INTOXICATED MISDEMEANORS.  (a)  This section applies only to a person who was placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for a misdemeanor:
(1)  under Section 49.04 or 49.06, Penal Code; and
(2)  with respect to which no affirmative finding under Article 42A.105(f), Code of Criminal Procedure, was filed in the papers of the case.
(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure if the person:
(1)  receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure;
(2)  satisfies the requirements of Section 411.074; and
(3)  has never been previously convicted of or placed on deferred adjudication community supervision for another offense, other than a traffic offense that is punishable by fine only.
(c)  A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
(d)  Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication community supervision.
(e)  A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.
(f)  A person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section only on or after the second anniversary of the date of completion of the deferred adjudication community supervision and the discharge and dismissal of the case.
Added by Acts 2019, 86th Leg., R.S., Ch. 1298 (H.B. 3582), Sec. 6, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 131, eff. September 1, 2023.
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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0727. Procedure Following Successful Completion of Veterans Treatment Court Program

Sec. 411.0727.  PROCEDURE FOLLOWING SUCCESSFUL COMPLETION OF VETERANS TREATMENT COURT PROGRAM.  (a)  This section applies only to a person who successfully completes a veterans treatment court program under Chapter 124 or former law.
(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) is entitled to file with the court that placed the person in the veterans treatment court program a petition for an order of nondisclosure of criminal history record information under this section if the person:
(1)  satisfies the requirements of this section and Section 411.074;
(2)  has never been previously convicted of an offense listed in Article 42A.054(a), Code of Criminal Procedure, or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; and
(3)  is not convicted of any felony offense between the date on which the person successfully completed the program and the second anniversary of that date.
(c)  Regardless of whether the person was convicted of or placed on deferred adjudication community supervision for the offense for which the person entered the veterans treatment court program or whether the case against the person was dismissed under Section 124.001(b), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person entered the veterans treatment court program.
(d)  A person may file with the court that placed the person in the veterans treatment court program a petition for an order of nondisclosure of criminal history record information under this section only on or after the second anniversary of the date the person successfully completed the program.
(e)  A person is not entitled to petition the court for an order of nondisclosure of criminal history record information under this section if the person's entry into the veterans treatment court program arose as the result of a conviction of an offense involving the operation of a motor vehicle while intoxicated.
Added by Acts 2017, 85th Leg., R.S., Ch. 889 (H.B. 3069), Sec. 4, eff. September 1, 2017.
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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0729. Procedure for Certain Veterans Placed on Community Supervision

Sec. 411.0729.  PROCEDURE FOR CERTAIN VETERANS PLACED ON COMMUNITY SUPERVISION.  (a)  On successful completion of the veterans reemployment program under Subchapter H-1, Chapter 42A, Code of Criminal Procedure, and all other conditions of the defendant's community supervision, including deferred adjudication community supervision, after notice to the state and a hearing on whether issuance of an order of nondisclosure is in the best interest of justice, the court shall enter an order of nondisclosure with respect to all records of the offense for which the defendant was placed on community supervision.
(b)  Subsection (a) applies regardless of whether the defendant meets the other eligibility criteria under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 361 (H.B. 714), Sec. 2, eff. June 2, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.073. Procedure for Community Supervision Following Conviction; Certain Misdemeanors

Sec. 411.073.  PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN MISDEMEANORS.  (a)  This section applies only to a person placed on community supervision under Chapter 42A, Code of Criminal Procedure:
(1)  following a conviction of a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; and
(2)  under a provision of Chapter 42A, Code of Criminal Procedure, other than Subchapter C, including:
(A)  a provision that requires the person to serve a term of confinement as a condition of community supervision; or
(B)  another provision that authorizes placing a person on community supervision after the person has served part of a term of confinement imposed for the offense.
(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose community supervision is not revoked and who completes the period of community supervision, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section if the person:
(1)  satisfies the requirements of this section and Section 411.074; and
(2)  has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
(c)  After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision.
(d)  A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only on or after:
(1)  the completion of the community supervision, if the offense for which the person was placed on community supervision was a misdemeanor other than a misdemeanor described by Subdivision (2); or
(2)  the second anniversary of the date of completion of the community supervision, if the offense for which the person was placed on community supervision was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 5, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.006, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 3, eff. September 1, 2017.
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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0735. Procedure for Conviction; Certain Misdemeanors

Sec. 411.0735.  PROCEDURE FOR CONVICTION; CERTAIN MISDEMEANORS.  (a)  This section applies only to a person who:
(1)  is convicted of a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; and
(2)   is not eligible for an order of nondisclosure of criminal history record information under Section 411.073.
(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person's sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person:
(1)  satisfies the requirements of this section and Section 411.074; and
(2)  has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.
(c)  Except as provided by Subsection (c-1), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted.
(c-1)  A court may not issue an order of nondisclosure of criminal history record information under this section if the court determines that the offense for which the order is sought, other than an offense under Section 22.01, Penal Code, was violent or sexual in nature.
(d)  A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after:
(1)  the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor punishable by fine only; or
(2)  the second anniversary of the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor other than a misdemeanor described by Subdivision (1).
Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 5, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 5, eff. September 1, 2017.
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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.074. Required Conditions for Receiving an Order of Nondisclosure

Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE.  (a)  A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on community supervision, including deferred adjudication community supervision, for the offense for which the order of nondisclosure is requested, and during any applicable waiting period for the person under this subchapter following completion of the person's sentence or community supervision, including deferred adjudication community supervision, the person is not convicted of or placed on deferred adjudication community supervision for any offense other than a traffic offense that is punishable by fine only.
(b)  A person may not be granted an order of nondisclosure of criminal history record information under this subchapter and is not entitled to petition the court for an order of nondisclosure under this subchapter if:
(1)  the person requests the order of nondisclosure for, or the person has been previously convicted of or placed on deferred adjudication community supervision for:
(A)  an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
(B)  an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;
(C)  an offense under Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or
(D)  any other offense involving family violence, as defined by Section 71.004, Family Code; or
(2)  the court makes an affirmative finding that the offense for which the order of nondisclosure is requested involved family violence, as defined by Section 71.004, Family Code.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.40, eff. January 1, 2017.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 6, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 7, eff. September 1, 2017.