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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Article 2.12,
Code of Criminal Procedure, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 4, Article
18.20, Code of Criminal Procedure, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Article 59.01(2),
Code of Criminal Procedure, as amended by Chapters 427 (S.B. 529) and 1357
(S.B. 1451), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section 411.0043,
Government Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Section
411.007(g), Government Code, is amended to read as follows:
(g) Except as provided by
Section 411.0164, a [A] noncommissioned employee inducted into
the service of the department is on probation for the first one year of
service, and an officer is on probation from the date the officer is
inducted into the service of the department until the anniversary of the
date the officer is commissioned. At any time during the probationary
period, an officer or employee may be discharged if the director, with the
advice and consent of the commission, finds the officer or employee to be
unsuitable for the work.
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No
equivalent provision, but see SECTION 5 below
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SECTION 6. Subchapter A,
Chapter 411, Government Code, is amended by adding Sections 411.0163 and 411.0164 to read as follows:
Sec. 411.0163. 50-HOUR WORK WEEK. Notwithstanding any other law, for a commissioned officer of the
department assigned to a department region that includes counties along the
Texas-Mexico border, 10 hours of work in a calendar day constitutes a day's
work and 50 hours of work in a week constitutes a week's work.
Sec. 411.0164. HIRING
OFFICERS WITH PREVIOUS LAW ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of law, the department may
start a commissioned officer in the position of Trooper II if the officer
has at least four years of experience as a peace officer in the state.
See
SECTION 5 above.
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SECTION 5. Subchapter A,
Chapter 411, Government Code, is amended by adding Section 411.0163 to read
as follows:
Sec. 411.0163. HIRING
OFFICERS WITH PREVIOUS LAW ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of law, the department may, at
the time a commissioned officer is hired, elect to credit up to four years
of experience as a peace officer in the state as years of service for the
purpose of calculating the officer's salary under Schedule C. All officers
are subject to the one-year probationary period under Section 411.007(g)
notwithstanding the officer's rank or salary classification.
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SECTION 7. Subchapter A,
Chapter 411, Government Code, is amended by adding Sections 411.0208 and
411.0209 to read as follows:
Sec. 411.0208. RESERVE
OFFICER CORPS. (a) The commission may provide for the establishment of a
reserve officer corps consisting of retired or previously commissioned
officers of the department.
(b) The commission shall
establish qualifications and standards of training for members of the
reserve officer corps.
(c) The commission may
limit the size of the reserve officer corps.
(d) The director shall
appoint the members of the reserve officer corps. Members serve at the
director's discretion.
(e) The director may call
the reserve officer corps into service at any time the director considers
it necessary to have additional officers to assist the department in
conducting background investigations, sex offender compliance checks, and
other duties as determined necessary by the director.
Sec. 411.0209.
INTERNATIONAL BORDER CHECKPOINTS. (a) To prevent human trafficking and the unlawful transfer of firearms and bulk
currency from this state to the United Mexican States, the
department shall investigate the feasibility of assisting federal authorities in establishing checkpoints along the
international border of this state for the purpose of conducting
inspections of vehicles leaving this state and entering the United Mexican
States. If the department determines that assistance to be feasible, the
department shall cooperate with appropriate federal agencies to set up the
checkpoints.
(b) A checkpoint described by Subsection (a) must be:
(1) located at or within 250 yards of a federally designated
crossing facility located at or near the actual boundary between this state
and the United Mexican States;
(2) located on a public highway or street leading directly to an
international border crossing; and
(3) designed to stop only traffic leaving this state and entering
the United Mexican States.
(c) A peace officer employed by the department may not conduct an
inspection of a vehicle under this section unless the officer has reasonable
suspicion or probable cause to believe that a passenger in the vehicle has
violated Chapter 20A or Section 34.02 or 46.14, Penal Code, or 18 U.S.C.
Section 554, 922, 1589, 1590, 1591, 1592, or 1956 or 31 U.S.C. Section
5332.
(d) The department and local law enforcement authorities may share
with the federal government the cost of staffing any checkpoints
established as described by this section.
(e) The department shall establish procedures governing the
encounter between the driver and the peace officers operating the
checkpoint that ensure that any intrusion on the driver is minimized and
that the inquiries made are reasonably related to the purpose of the
checkpoint.
(f) If necessary to implement this section, the attorney general,
subject to approval by the governor, shall enter into an agreement under 8
U.S.C. Section 1357(g) with the United States Office of the Attorney
General or other appropriate federal agency.
(g) An agreement entered into under Subsection (f) must be signed
on behalf of this state by the attorney general of this state and the
governor of this state and as otherwise required by the appropriate federal
agency.
(h) A law enforcement agency may enter into an agreement with a
corporation or other private entity to provide goods or services for the
establishment and operation of a checkpoint or the performance of
inspections under this section.
(i) The director shall
adopt rules as necessary to
administer this section.
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SECTION 6. Subchapter A,
Chapter 411, Government Code, is amended by adding Sections 411.0208 and
411.0209 to read as follows:
Sec. 411.0208. RESERVE
OFFICER CORPS. (a) The commission may provide for the establishment of a
reserve officer corps consisting of retired or previously commissioned
officers of the department.
(b) The commission shall
establish qualifications and standards of training for members of the
reserve officer corps.
(c) The commission may
limit the size of the reserve officer corps.
(d) The director shall
appoint the members of the reserve officer corps. Members serve at the
director's discretion.
(e) The director may call
the reserve officer corps into service at any time the director considers
it necessary to have additional officers to assist the department in
conducting background investigations, sex offender compliance checks, and
other duties as determined necessary by the director.
Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL
BORDER CHECKPOINTS. (a) To prevent the
unlawful transfer of contraband from this state to the United
Mexican States and other unlawful activity,
the department shall investigate the feasibility of providing to federal
authorities at international border checkpoints assistance in the
interdiction of weapons, bulk currency, stolen vehicles, and other contraband,
and of fugitives, being smuggled into the United Mexican States.
(b) The department may share with the federal government the cost
of staffing any international border checkpoints for the purposes described
by this section.
(c) The director shall
adopt procedures as necessary to
administer this section.
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SECTION 8. Subchapter D,
Chapter 411, Government Code, is amended by adding Section 411.054 to read
as follows:
Sec. 411.054. CRIME STATISTICS
REPORTING. (a) Each local law enforcement agency shall:
(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 shall
adopt rules to implement this section, including rules prescribing:
(1) the form and manner
of the submission of information and statistics; and
(2) the frequency of
reporting.
(c) Notwithstanding any
other law, a local law enforcement agency that is not in compliance with
this section and that receives grant funds from the department or the
criminal justice division of the governor's office may only use those funds
to come into compliance with this section.
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SECTION 7. Subchapter D,
Chapter 411, Government Code, is amended by adding Section 411.054 to read
as follows:
Sec. 411.054. CRIME
STATISTICS REPORTING. (a) Each local law enforcement agency shall:
(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 shall
adopt rules to implement this section, including rules prescribing:
(1) the form and manner
of the submission of information and statistics; and
(2) the frequency of
reporting.
(c) Notwithstanding any
other law, a local law enforcement agency that is not in compliance with
this section and that receives grant funds from the department or the
criminal justice division of the governor's office may only use those funds
to come into compliance with this section.
(d) A local law enforcement agency is not required to comply with
this section before September 1, 2019.
(e) Subsection (d) and this subsection expire September 1, 2019.
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No
equivalent provision.
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SECTION 8. Section 772.007,
Government Code, is reenacted to read as follows:
Sec. 772.007. TEXAS
ANTI-GANG GRANT PROGRAM. (a) The criminal justice division established
under Section 772.006 shall administer a competitive grant program to
support regional, multidisciplinary approaches to combat gang violence
through the coordination of gang prevention, intervention, and suppression
activities.
(b) The grant program
administered under this section must be directed toward regions of this
state that have demonstrably high levels of gang violence.
(c) The criminal justice
division shall award grants to qualified applicants, as determined by the
division, that demonstrate a comprehensive approach that balances gang
prevention, intervention, and suppression activities to reduce gang
violence.
(d) The criminal justice
division shall include in the biennial report required by Section
772.006(a)(9) detailed reporting of the results and performance of the
grant program administered under this section.
(e) The criminal justice
division may use any revenue available for purposes of this section.
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SECTION 9. Chapter 362,
Local Government Code, is amended by adding Section 362.005 to read as
follows:
Sec. 362.005. SOUTH TEXAS BORDER CRIME INFORMATION CENTER.
(a) The sheriff's department of the county
having the largest population that
borders the Texas-Mexico border and the police department of the
municipality having the largest population in that county shall jointly
establish and operate the South Texas
Border Crime Information Center as a central repository of
information relating to criminal activity in the counties along the
Texas-Mexico border. The Texas Department of Public Safety shall assist the
county sheriff's department and the municipal police department in the establishment
and operation of the center.
(b) Each law enforcement
agency in a county located along the Texas-Mexico border shall report to
the South Texas Border Crime Information
Center information regarding criminal activity in the law
enforcement agency's jurisdiction, including information on kidnappings,
home invasions, and incidents of impersonation of law enforcement officers.
(c) The information in
the South Texas Border Crime Information
Center shall be made available to each law enforcement agency in the
state.
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SECTION 9. Chapter 362,
Local Government Code, is amended by adding Section 362.005 to read as
follows:
Sec. 362.005. TEXAS TRANSNATIONAL INTELLIGENCE CENTER.
(a) The sheriff's department of a county
with a population of at least 700,000 but not more than 800,000 that
borders the Texas-Mexico border and the police department of the
municipality having the largest population in that county shall jointly
establish and operate the Texas
Transnational Intelligence Center as a central repository of real-time information relating to criminal
activity in the counties along the Texas-Mexico border. The Texas
Department of Public Safety shall assist the county sheriff's department
and the municipal police department in the establishment and operation of
the center.
(b) Each law enforcement
agency in a county located along the Texas-Mexico border and the Texas Alcoholic Beverage Commission and
Parks and Wildlife Department shall report to the Texas Transnational Intelligence Center
information regarding criminal activity in the law enforcement agency's
jurisdiction, including information on kidnappings, home invasions, and
incidents of impersonation of law enforcement officers.
(c) The information in
the Texas Transnational Intelligence Center
shall be made available to each law enforcement agency in the state and the Texas Alcoholic Beverage Commission and
Parks and Wildlife Department.
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SECTION 10. Section 20.05,
Penal Code, is amended to read as follows:
Sec. 20.05. SMUGGLING OF
PERSONS. (a) A person commits an offense if the person recklessly [intentionally uses a motor vehicle, aircraft, or watercraft to
transport an individual with the intent to]:
(1)
conceals, harbors, or shields from detection a person who is present in
this country in violation of federal law [conceal the individual from a
peace officer or special investigator]; or
(2) encourages or induces
a person to enter or remain in this country in violation of federal law
[flee from a person the actor knows is a
peace officer or special investigator attempting to lawfully arrest or
detain the actor].
(b) An [Except as
provided by Subsection (c), an] offense under this section is a state jail felony, except that the[.
[(c) An] offense [under
this section] is:
(1) a felony of the
third degree if the actor commits the offense [:
[(1)]
for pecuniary benefit; [or]
(2) a felony of the
second degree if:
(A) the actor commits the
offense in a manner that creates a substantial likelihood that the smuggled
[transported] individual will suffer serious bodily injury or death;
or
(B) the smuggled
individual is a child younger than 18 years of age at the time of the
offense; or
(3) a felony of the first
degree if:
(A) it is shown on the
trial of the offense that, as a direct result of the commission of the
offense, the smuggled individual became a victim of sexual assault, as
defined by Section 22.011, or aggravated sexual assault, as defined by
Section 22.021; or
(B) the smuggled
individual suffered serious bodily injury or death.
(c) [(d) It is an affirmative defense to
prosecution under this section that the actor is related to the transported
individual within the second degree of consanguinity or, at the time of the
offense, within the second degree of affinity.
[(e)] If conduct
constituting an offense under this section also constitutes an offense
under another section of this code, the actor may be prosecuted under
either section or under both sections.
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SECTION 10. Section 20.05,
Penal Code, is amended to read as follows:
Sec. 20.05. SMUGGLING OF
PERSONS. (a) A person commits an offense if the person, with the intent to obtain a pecuniary benefit,
knowingly:
(1) [intentionally]
uses a motor vehicle, aircraft, [or] watercraft, or other means
of conveyance to transport an individual with the intent to:
(A) [(1)]
conceal the individual from a peace officer or special investigator; or
(B) [(2)] flee
from a person the actor knows is a peace officer or special investigator
attempting to lawfully arrest or detain the actor; or
(2) encourages or induces
an individual to enter or remain in this country in violation of federal
law by concealing, harboring, or shielding
that person from detection.
(b) An [Except as
provided by Subsection (c), an] offense under this section is [a state jail felony.
[(c) An offense under
this section is] a felony of the third
degree, except that [if the actor commits] the offense
is:
(1) a felony of the
second degree if:
(A) the actor commits the
offense [for pecuniary benefit; or
[(2)] in a manner
that creates a substantial likelihood that the smuggled [transported]
individual will suffer serious bodily injury or death; or
(B) the smuggled
individual is a child younger than 18 years of age at the time of the
offense; or
(2) a felony of the first
degree if:
(A) it is shown on the
trial of the offense that, as a direct result of the commission of the
offense, the smuggled individual became a victim of sexual assault, as
defined by Section 22.011, or aggravated sexual assault, as defined by
Section 22.021; or
(B) the smuggled
individual suffered serious bodily injury or death.
(c) [(d)] It is an affirmative defense to prosecution,
other than a prosecution to which Subsections (b)(1)(A) or (b)(2) apply,
under this section that the actor is related to the transported individual
within the second degree of consanguinity or, at the time of the offense,
within the second degree of affinity.
(d) [(e)] If
conduct constituting an offense under this section also constitutes an
offense under another section of this code, the actor may be prosecuted
under either section or under both sections.
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SECTION 11. Chapter 20,
Penal Code, is amended by adding Section 20.06 to read as follows:
Sec. 20.06. CONTINUOUS
SMUGGLING OF PERSONS. (a) A person commits an offense if, during a period
that is 30 or more days in duration, the person engages two or more times
in conduct that constitutes an offense under Section 20.05.
(b) If a jury is the
trier of fact, members of the jury are not required to agree unanimously on
which specific conduct engaged in by the defendant constituted an offense
under Section 20.05 or on which exact date the defendant engaged in that
conduct. The jury must agree unanimously that the defendant, during a
period that is 30 or more days in duration, engaged two or more times in
conduct that constitutes an offense under Section 20.05.
(c) If the victim of an
offense under Subsection (a) is the same victim as a victim of an offense
under Section 20.05, a defendant may not be convicted of the offense under
Section 20.05 in the same criminal action as the offense under Subsection
(a), unless the offense under Section 20.05:
(1) is charged in the
alternative;
(2) occurred outside the
period in which the offense alleged under Subsection (a) was committed; or
(3) is considered by the
trier of fact to be a lesser included offense of the offense alleged under
Subsection (a).
(d) A defendant may not
be charged with more than one count under Subsection (a) if all of the
conduct that constitutes an offense under Section 20.05 is alleged to have
been committed against the same victim.
(e) Except as provided by
Subsections (f) and (g), an offense under this section is a felony of the third degree.
(f) An offense under this
section is a felony of the first degree if:
(1) the conduct
constituting an offense under Section 20.05 is conducted in a manner that
creates a substantial likelihood that the smuggled individual will suffer
serious bodily injury or death; or
(2) the smuggled
individual is a child younger than 18 years of age at the time of the
offense.
(g) An offense under this
section is a felony of the first degree, punishable by imprisonment in the
Texas Department of Criminal Justice for life or for any term of not more
than 99 years or less than 25 years, if:
(1) it is shown on the
trial of the offense that, as a direct result of the commission of the
offense, the smuggled individual became a victim of sexual assault, as
defined by Section 22.011, or aggravated sexual assault, as defined by
Section 22.021; or
(2) the smuggled
individual suffered serious bodily injury or death.
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SECTION 11. Chapter 20,
Penal Code, is amended by adding Section 20.06 to read as follows:
Sec. 20.06. CONTINUOUS
SMUGGLING OF PERSONS. (a) A person commits an offense if, during a period
that is 30 or more days in duration, the person engages two or more times
in conduct that constitutes an offense under Section 20.05.
(b) If a jury is the
trier of fact, members of the jury are not required to agree unanimously on
which specific conduct engaged in by the defendant constituted an offense
under Section 20.05 or on which exact date the defendant engaged in that
conduct. The jury must agree unanimously that the defendant, during a
period that is 30 or more days in duration, engaged two or more times in
conduct that constitutes an offense under Section 20.05.
(c) If the victim of an
offense under Subsection (a) is the same victim as a victim of an offense
under Section 20.05, a defendant may not be convicted of the offense under
Section 20.05 in the same criminal action as the offense under Subsection
(a), unless the offense under Section 20.05:
(1) is charged in the
alternative;
(2) occurred outside the
period in which the offense alleged under Subsection (a) was committed; or
(3) is considered by the
trier of fact to be a lesser included offense of the offense alleged under
Subsection (a).
(d) A defendant may not
be charged with more than one count under Subsection (a) if all of the
conduct that constitutes an offense under Section 20.05 is alleged to have
been committed against the same victim.
(e) Except as provided by
Subsections (f), (g), and (h), an
offense under this section is a felony of the second
degree.
(f) An offense under this
section is a felony of the first degree if:
(1) the conduct
constituting an offense under Section 20.05 is conducted in a manner that
creates a substantial likelihood that the smuggled individual will suffer
serious bodily injury or death; or
(2) the smuggled individual
is a child younger than 18 years of age at the time of the offense.
(g) An offense under this
section is a felony of the first degree, punishable by imprisonment in the
Texas Department of Criminal Justice for life or for any term of not more
than 99 years or less than 25 years, if:
(1) it is shown on the
trial of the offense that, as a direct result of the commission of the
offense, the smuggled individual became a victim of sexual assault, as
defined by Section 22.011, or aggravated sexual assault, as defined by
Section 22.021; or
(2) the smuggled
individual suffered serious bodily injury or death.
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SECTION 12. Section
71.02(a), Penal Code, is amended to read as follows:
(a) A person commits an
offense if, with the intent to establish, maintain, or participate in a
combination or in the profits of a combination or as a member of a criminal
street gang, the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder,
arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual assault,
continuous sexual abuse of young child or children, solicitation of a
minor, forgery, deadly conduct, assault punishable as a Class A
misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor
vehicle;
(2) any gambling offense
punishable as a Class A misdemeanor;
(3) promotion of
prostitution, aggravated promotion of prostitution, or compelling
prostitution;
(4) unlawful manufacture,
transportation, repair, or sale of firearms or prohibited weapons;
(5) unlawful manufacture,
delivery, dispensation, or distribution of a controlled substance or
dangerous drug, or unlawful possession of a controlled substance or
dangerous drug through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful
delivery, dispensation, or distribution of a controlled substance or
dangerous drug in violation of Subtitle B, Title 3, Occupations Code;
(6) any unlawful wholesale
promotion or possession of any obscene material or obscene device with the
intent to wholesale promote the same;
(7) any offense under
Subchapter B, Chapter 43, depicting or involving conduct by or directed
toward a child younger than 18 years of age;
(8) any felony offense under
Chapter 32;
(9) any offense under
Chapter 36;
(10) any offense under
Chapter 34, 35, or 35A;
(11) any offense under
Section 37.11(a);
(12) any offense under
Chapter 20A;
(13) any offense under
Section 37.10;
(14) any offense under
Section 38.06, 38.07, 38.09, or 38.11;
(15) any offense under
Section 42.10;
(16) any offense under
Section 46.06(a)(1) or 46.14;
(17) any offense under
Section 20.05 or 20.06; or
(18) any offense classified
as a felony under the Tax Code.
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SECTION 12. Sections
71.02(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an
offense if, with the intent to establish, maintain, or participate in a
combination or in the profits of a combination or as a member of a criminal
street gang, the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder,
arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual assault,
continuous sexual abuse of young child or children, solicitation of a
minor, forgery, deadly conduct, assault punishable as a Class A
misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor
vehicle;
(2) any gambling offense
punishable as a Class A misdemeanor;
(3) promotion of
prostitution, aggravated promotion of prostitution, or compelling
prostitution;
(4) unlawful manufacture,
transportation, repair, or sale of firearms or prohibited weapons;
(5) unlawful manufacture,
delivery, dispensation, or distribution of a controlled substance or
dangerous drug, or unlawful possession of a controlled substance or
dangerous drug through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful
delivery, dispensation, or distribution of a controlled substance or
dangerous drug in violation of Subtitle B, Title 3, Occupations Code;
(6) any unlawful wholesale
promotion or possession of any obscene material or obscene device with the
intent to wholesale promote the same;
(7) any offense under
Subchapter B, Chapter 43, depicting or involving conduct by or directed
toward a child younger than 18 years of age;
(8) any felony offense under
Chapter 32;
(9) any offense under
Chapter 36;
(10) any offense under
Chapter 34, 35, or 35A;
(11) any offense under
Section 37.11(a);
(12) any offense under
Chapter 20A;
(13) any offense under
Section 37.10;
(14) any offense under
Section 38.06, 38.07, 38.09, or 38.11;
(15) any offense under
Section 42.10;
(16) any offense under
Section 46.06(a)(1) or 46.14;
(17) any offense under
Section 20.05 or 20.06; or
(18) any offense classified
as a felony under the Tax Code.
(b)
Except as provided in Subsections (c) and (d), an offense under this
section is one category higher than the most serious offense listed in
Subsection (a) that was committed, and if the most serious offense is a
Class A misdemeanor, the offense is a state jail felony, except that the
offense is a felony of the first degree punishable by imprisonment in the
Texas Department of Criminal Justice for:
(1)
life without parole, if the most serious offense is an aggravated sexual
assault and if at the time of that offense the defendant is 18 years of age
or older and:
(A)
the victim of the offense is younger than six years of age;
(B)
the victim of the offense is younger than 14 years of age and the actor
commits the offense in a manner described by Section 22.021(a)(2)(A); or
(C)
the victim of the offense is younger than 17 years of age and suffered
serious bodily injury as a result of the offense; [or]
(2)
life or for any term of not more than 99 years or less than 30 years if
the most serious offense is an offense under Section 20.06 that is
punishable under Subsection (h) of that section; or
(3) life or for any
term of not more than 99 years or less than 15 years if the most serious
offense is an offense punishable as a felony of the first degree, other
than an offense described by Subdivision (1) or (2).
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SECTION 13. The change in
law made by this Act to Section 4, Article 18.20, Code of Criminal
Procedure, applies only to an application for an interception order filed
on or after the effective date of this Act. An application for an
interception order filed before the effective date of this Act is governed
by the law in effect on the date the application was filed, and the former
law is continued in effect for that purpose.
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SECTION 13. Same as
introduced version.
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SECTION 14. (a) The
Department of Public Safety shall adopt rules required under Section
411.054(b), Government Code, as added by this Act, not later than December
31, 2015.
(b)
A local law enforcement agency is not required to comply with Section
411.054, Government Code, as added by this Act, before September 1, 2019.
(c)
The Department of Public Safety or the criminal justice division of the
governor's office may not deny a grant to a local law enforcement agency on
the grounds that the local law enforcement agency is not in compliance with
Section 411.054, Government Code, as added by this Act, before September 1,
2019.
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SECTION 14. The Department
of Public Safety shall adopt rules required under Section 411.054(b),
Government Code, as added by this Act, not later than December 31, 2015.
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SECTION 15. The changes in
law made by this Act to Sections 20.05 and 71.02, Penal Code, apply only to
an offense committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any element
of the offense occurred before that date.
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SECTION 15. Same as
introduced version.
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SECTION 16. To the extent of
any conflict, this Act prevails over another Act of the 84th Legislature,
Regular Session, 2015, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 16. Same as
introduced version.
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SECTION 17. This Act takes
effect September 1, 2015.
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SECTION 17. Same as
introduced version.
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