472 (S.B. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who satisfies the requirements of Section 411.074(b) may petition the court that convicted the person or placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section on the grounds that the person committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code. Labor Code 1030-1033 (2001) provides that employers need to allow a break and provide a room for a mother who desires to express milk in private. (2) The administrator of the other penal institution shall cooperate with the Texas Department of Criminal Justice as necessary to allow the Texas Department of Criminal Justice to perform its duties under this subsection. 93 (S.B. 11), Sec. 2673), Sec. Acts 2015, 84th Leg., R.S., Ch. 7.03, 7.04, eff. (b) The department may abate or defer a mandatory suspension or revocation of a license if the license holder presents evidence acceptable to the department that: (1) the license holder is the victim of identity theft; and. Acts 2009, 81st Leg., R.S., Ch. (5) "DNA database" means one or more databases that contain forensic DNA records maintained by the director. Before sending the money to the fund, the department may deduct money equal to the amount of reasonable expenses for administering this section. 411.045. 1709), Sec. 165, Sec. (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. 617.23 (1998) specifies that breastfeeding does not constitute indecent exposure. Me. 21, eff. 25(30), eff. 49:148.4.1 (2011) requires state-owned buildings to provide suitable accommodation for breastfeeding and lactation. (2) "Nurse aide" has the meaning assigned by Chapter 106, Human Resources Code. 2.001, eff. Sec. 2.002, eff. (i) Subsection (a) does not apply to a written notice provided by a state hospital under Section 552.002, Health and Safety Code. (b) The commission and the president of the educational institution called on for assistance shall agree on and arrange the nature and extent of the assistance. (b) The department by rule shall require that all carriers of hazardous materials report all incidents involving a release of reportable quantities of hazardous materials to the department. 790, Sec. Acts 2007, 80th Leg., R.S., Ch. 5, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 411.253. The instruction must include instruction only on: (1) handgun use, proficiency, and safety; and. Stat. 770 (H.B. September 1, 2021. (2) "Law enforcement agency" means a law enforcement agency with jurisdiction over the investigation of an alleged offense that resulted in the death or serious bodily injury of a law enforcement officer. Breastfeeding shall not be deemed an obscenity or be a violation of any other provision of law. Sec. GRANTS TO FUND SCRAP METAL THEFT PREVENTION. (a) The Health and Human Services Commission is entitled to obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that relates to a person: (1) required to undergo a background and criminal history check under Chapter 248A, Health and Safety Code; (2) who seeks unsupervised visits with a ward of the Health and Human Services Commission, including a relative of the ward; (3) who is an applicant for employment with the Health and Human Services Commission for a position in which the person, as an employee, would have direct access to residents or clients of a facility regulated by the Health and Human Services Commission, as determined by the executive commissioner of that commission; or. (g) A person who wishes to obtain a license to carry a handgun must apply in person to a qualified handgun instructor to take the range instruction part of the handgun proficiency course and to demonstrate handgun proficiency as required by the department. The law also states that the act of a mother breastfeeding or expressing breast milk in a public or private location where the mother and child are otherwise authorized to be shall not constitute sexual conduct or sexual contact as defined in 566.010, and is not considered an act of public indecency, indecent exposure, lewd touching or obscenity. 97-29-31, 97-35-7, 97-35-11 and 97-35-15 (2006) specify that a woman breastfeeding may not be considered an act of indecent exposure, disorderly conduct or disturbance of the public peace. (2) "Conviction" includes conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity. [42] This enforcement mechanism is very similar to private attorney general laws. 701 (H.B. CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE LIBRARY AND ARCHIVES COMMISSION. 411.302 by Acts 2003, 78th Leg., ch. 1068), Sec. (e) A first responder is responsible for paying to the course provider the costs of a training course under this section. 411.0915. 2.01, eff. (B) a nongovernmental railroad or campus police department that has obtained an originating agency identifier from the Federal Bureau of Investigation. Sec. 1217 (S.B. Acts 2019, 86th Leg., R.S., Ch. September 1, 2005. REMOVAL OF COMMISSION MEMBER. Sept. 1, 1993. 11.15, eff. Sec. South Texas Health System provides several Web-based applications that give you access to patient information, medical records and imaging from your office, home or any remote location with an Internet connection. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2021. (5) be used for other public safety purposes. (a) The director is the statewide coordinator of the alert system. The notice provisions of this subchapter relating to denial, revocation, or suspension of handgun licenses apply to the proposed denial, revocation, or suspension of a certification of a qualified handgun instructor or approved online course provider or an applicant for certification as a qualified handgun instructor or approved online course provider. 2730), Sec. (a) On request of the department chief or chief executive of a fire department or an emergency medical services provider for an unincorporated area, a county fire marshal or county sheriff is entitled to obtain from the department criminal history record information maintained by the department that relates to: (1) an applicant for employment or membership with the requesting fire department or emergency medical services provider; or. If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating: (1) a brief summary of the alleged violation; (2) the amount of the recommended administrative penalty; and. Sept. 1, 1997. Sec. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN CRIMINAL IDENTIFICATION ACTIVITIES. If these requirements impose undue hardship, an employer that employsfewer than 50 employees is not subject to these requirements. (a) An assisted living facility licensed under this chapter shall register with the Texas Information and Referral Network under Section 531.0312, Government Code, to assist the state in identifying persons needing assistance if an area is evacuated because of a disaster or other emergency. 295), Sec. Sept. 1, 1995. (2) with the consent of the person who is the subject of the criminal history record information. 8.01-341.1 (2005) provides that a mother who is breastfeeding a child may be exempted from jury duty upon her request. (b) The department shall place a high priority on requests under Subsection (a) and respond as expeditiously as possible; in no event shall the department respond later than two business days after the date the request is received by the department. Acts 2013, 83rd Leg., R.S., Ch. Sec. 1236 (S.B. May 15, 2021. 1540), Sec. 411.132 by Acts 1999, 76th Leg., ch. (D) "Person with a disability" has the meaning assigned by Section 48.002, Human Resources Code. 15, eff. (1) a laboratory conducting non-human forensic DNA analysis from a rule adopted under this subchapter; and. 411.1235. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CRIMINAL JUSTICE AGENCY. 411.033. (b) The department may adopt rules for the sale of a retired firearm to an officer of the department. 2730), Sec. 411.510. Health benefits and health insurance plans are offered and/or underwritten by Texas Health + Aetna Health Plan Inc. and Texas Health + Aetna Health Insurance Company (Texas Health Aetna). 411.0745. 1146 (H.B. seq (2015) create the Lactation Accommodation in Airports Act and requires that airport managers to provide a room or other location space at each airport terminal behind the airport security screening area for members of the public to express breast milk in private. Among many provisions, Section 4207 of the lawamends the Fair Labor Standards Act (FLSA)of 1938 (29 U.S. Code 207) to require an employer to provide reasonablebreak time for an employee to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express milk. 406 (S.B. (2) notify the applicant in writing that the applicant is not eligible for the designation under Section 411.184 and the application for the license will be processed in the regular course of business. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation of the alert. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. June 19, 2009. Health and Safety Code 1647 (1999) declares that the procurement, processing, distribution or use of human milk for the purpose of human consumption is considered to be a rendition of a service rather than a sale of human milk. In establishing the procedure, the department shall require sufficient documentary evidence to establish the license holder's status under this subsection. 910), Sec. Amended by Acts 1995, 74th Leg., ch. (f) If the department determines that a reason exists to revoke, suspend, or deny a license to carry a handgun with respect to a person who is a qualified handgun instructor or approved online course provider or an applicant for certification as a qualified handgun instructor or approved online course provider, the department shall take that action against the person's: (1) license to carry a handgun if the person is an applicant for or the holder of a license issued under this subchapter; and. 595, Sec. (B) as the control terminal for the entry of records, in accordance with federal law and regulations, federal executive orders, and federal policy, into the federal database maintained by the Federal Bureau of Investigation. 15, eff. Sec. (3) at the end of the period of supervision the judge dismissed the proceedings and discharged the person. With the cooperation of the Texas Department of Transportation, the office of the governor, and other appropriate law enforcement agencies in this state, the department shall develop and implement a statewide alert system to be activated on behalf of an abducted child or a missing person with an intellectual disability. 1279 (S.B. Amended by Acts 1999, 76th Leg., ch. 8.12, eff. 411.065. June 9, 2017. 335, Sec. 11-211 (2001) exempts the sale of tangible personal property that is manufactured for the purpose of initiating, supporting or sustaining breastfeeding from the sales and use tax. Code Ann. June 19, 2009. Sept. 1, 1993. (a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51 percent or more of its income from the sale of alcoholic beverages for on-premises consumption as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code, shall prominently display at each entrance to the business premises a sign that complies with the requirements of Subsection (c). (2) a consultant, contract employee, independent contractor, intern, or volunteer for the commission or an applicant to serve in one of those positions. (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. (a) The director by rule shall establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency. 2, eff. (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. Sec. 1483), Sec. 1, eff. 2, eff. 1, eff. Stat. 22.037, eff. Added by Acts 2019, 86th Leg., R.S., Ch. (b) Criminal history record information obtained by the Texas Commission on Fire Protection under Subsection (a) may not be released to any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information, or if the information is entered into evidence by the board in an administrative, civil, or criminal hearing under Chapter 419. Failure to comply with the law may result in a fine. 3(j), eff. September 1, 2015. 437 (H.B. (e-1) Except as provided by Subsection (g), the department may not discharge, suspend, or demote a commissioned officer except for the violation of a specific commission rule. Acts 2017, 85th Leg., R.S., Ch. 3.011, eff. April 2, 2015. Renumbered from Government Code Sec. (3) to a federal agency as required by federal law or executive order. (2) through audio response terminals and radio devices, whether digital or voice, if such dissemination is in accordance with rules promulgated by the department. 1099 (H.B. Sec. 411.4505. 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. 411.242. 2675), Sec. Acts 2015, 84th Leg., R.S., Ch. June 16, 1989. 1276, Sec. 33-1-23 (2019) provides that correctional facilities housing female inmates develop and implement a breastfeeding and lactation policy based on current, accepted best practices. 821 (H.B. (a) Notwithstanding any other provision of law and subject to the availability of money appropriated for that purpose, the department may pay its employees classified as Trooper Trainee, Probationary Trooper, and Trooper I at rates that exceed the maximum rates designated in Salary Schedule C of the position classification schedule prescribed by the General Appropriations Act for the state fiscal biennium ending August 31, 2013, for that position by up to 10 percent. Added by Acts 2009, 81st Leg., R.S., Ch. 9.005, eff. 411.020. (b) The department may not charge for processing an electronic inquiry for information described as public information under Article 62.005, Code of Criminal Procedure, made through the use of the Internet. 1099 (H.B. The court may punish a person who fails to obey the court order. MANDATORY DNA RECORD. 1376), Sec. Sept. 1, 1999. (a) A volunteer fire department or a fire department operated by an emergency services district is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who: (1) is required to be certified by the Texas Commission on Fire Protection and: (A) is an applicant for a beginning position with the fire department; or, (B) currently holds a position with that fire department; or. September 1, 2015. (e) A criminal justice agency may have access to a DNA sample for a law enforcement purpose through: (f) The director shall maintain a record of requests made under this section. All rights reserved. (c) The Employees Retirement System of Texas may not release or disclose information obtained under Subsection (a) except on court order or with the consent of the person who is the subject of the criminal history record information. 1, eff. 13-7a-101 et seq. (c) If a person fails to comply with a subpoena, the public integrity unit, acting through the general counsel of the department, may file suit to enforce the subpoena in a district court in this state. Since then, the CFPB has taken action to constrain pay-to-pay fees, and has announced a rulemaking proceeding on credit card late fees. 411.0097. ACTIVATION OF SILVER ALERT. [151] Texas Right to Life and its legislative director immediately appealed the denial of their motion to dismiss, which resulted in a stay of further proceedings in the trial court pending resolution of the interlocutory appeal. Sept. 1, 1999. 963 (S.B. (b) An appraisal district is not entitled to obtain under this section any information about a person if the appraisal district is entitled to obtain under another section of this subchapter any criminal history record information about the person. September 1, 2005. Ky. Rev. September 1, 2015. (2) the holder of a license, registration, or certification under that chapter. (a) The Department of State Health Services and the Health and Human Services Commission are entitled to obtain from the department criminal history record information maintained by the department that relates to: (A) an applicant for a license or certificate under the Emergency Health Care Act (Chapter 773, Health and Safety Code); (B) an owner or manager of an applicant for an emergency medical services provider license under that Act; or. 1245 (H.B. A person whose criminal history record information is the subject of an order of nondisclosure of criminal history record information issued under this subchapter is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of the order. 411.1041. September 1, 2015. Sept. 1, 1995. 411.356. (2) the holder of a license under that chapter. (2) as soon as practicable on or after the 180th day after the date the court placed the person on deferred adjudication community supervision, if the discharge and dismissal occurred before that date. 4, eff. 411.14055. An individual, including an individual required to provide a DNA sample under this subchapter, may at any time voluntarily provide or cause to be provided to a criminal justice agency a sample to be forwarded to the director for the purpose of creating a DNA record under this subchapter. Sec. (12) "Penal institution" has the meaning assigned by Section 1.07, Penal Code. Sept. 1, 1997. (b) The sex offender compliance unit shall investigate and arrest individuals determined to have committed a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.