(2) an applicant for employment at or an employee of a facility licensed under Chapter 142, Health and Safety Code, if the duties of employment involve direct contact with a consumer in the facility. (3) furnish and erect direction and information signs. The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition. 1234 (H.B. September 1, 2009. 3531), Sec. Acts 2005, 79th Leg., Ch. The employee must have the authority to hire or fire other employees or recommend hiring, firing, advancement, promotion or any other change of status of other employees. 1, eff. September 1, 2017. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. (a) A political subdivision of this state that employs, licenses, or regulates drivers of public transportation vehicles is entitled to obtain from the department or from a law enforcement agency of the political subdivision with access to the information the criminal history record information maintained by the department that relates to a person who is: (1) the driver of a public transportation vehicle; and. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 411.043. DNA RECORDS OF CERTAIN REGISTERED SEX OFFENDERS. Added by Acts 2001, 77th Leg., ch. (3) "Organization that provides temporary nurse aides" includes a temporary employment service, nursing pool, private duty nurse service, or sitter service. September 1, 2015. September 1, 2005. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYER AT RESIDENTIAL DWELLING PROJECT. 3295), Sec. September 1, 2021. 91 (S.B. Added by Acts 2003, 78th Leg., ch. Turns out I do not have a case. September 1, 2005. 3, eff. Acts 2005, 79th Leg., Ch. (b) The inspector general is not required to be a peace officer as that term is defined by Article 2.12, Code of Criminal Procedure. Sec. 411.14065. 1, eff. Acts 2019, 86th Leg., R.S., Ch. (b) Criminal history record information obtained by the Interagency Council on Sex Offender Treatment under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information. Acts 2009, 81st Leg., R.S., Ch. Sec. Amended by Acts 1999, 76th Leg., ch. (c) The bureau chief shall offer assistance and, if practicable, instruction to sheriffs, chiefs of police, and other peace officers in establishing efficient local bureaus of identification in their districts. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1995. The employee must regularly direct the work of at least two or more other full-time employees or their equivalent. 296, Sec. 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (c) If a license holder moves from the address stated on the license, the person shall apply for a duplicate license. May 29, 1997. 10.09, eff. 2.02, eff. (b) The commission is composed of five citizens of this state appointed by the governor with the advice and consent of the senate. 4, eff. 9.59, eff. (e) The department shall waive any fee required for a license issued under this subchapter to an applicant under this section. September 1, 2015. (c) The commission has direct oversight over the office of inspector general, including decisions regarding budget and staffing. 27.002(6), eff. 411.0091. The director may adopt all or part of the federal hazardous materials rules by reference. Officers are entitled to compensation as provided by the legislature. 918), Sec. The Fair Labors Standards Act requires employers (not employees) to keep records of the amount of hours worked by each employee. (a) A law enforcement agency shall notify the department if the agency: (1) receives a report regarding a missing military member who is determined by the agency to be a participant in the alert system; (2) verifies that at the time the military member is reported missing: (A) the person reported missing is a military member; (B) the military member's location is unknown; and, (C) the military member suffers from a mental illness, including post-traumatic stress disorder, or a traumatic brain injury; and. 2, Sec. This subsection does not affect the authority of the department to adopt rules under Section 411.067. 411.081. 411.522. DEPARTMENT TO RECRUIT PARTICIPANTS. 1, eff. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 411.047. 1743), Sec. June 17, 2011. A person who no longer qualifies for the designation under this section shall immediately notify the department. Added by Acts 2013, 83rd Leg., R.S., Ch. 144, Sec. 411.090. 411.251. (b) The director or the director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. UNAUTHORIZED ACTS INVOLVING DEPARTMENT NAME, INSIGNIA, OR DIVISION NAME. September 1, 2015. (a) When the Public Utility Commission of Texas or an independent organization certified under Section 39.151, Utilities Code, notifies the department that the criteria adopted under Section 411.301(b) for the activation of the alert has been met, the department shall confirm the accuracy of the information and, if confirmed, immediately issue a power outage alert under this subchapter in accordance with department rules. (b) Criminal history record information obtained by the commissioner under Subsection (a), except on court order or as provided by Subsection (c), may not be released or disclosed to any person. 1524), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. 411.132 by Acts 1999, 76th Leg., ch. (d) Not later than the 60th day before the expiration date of the license, the department shall mail to each license holder a written notice of the expiration of the license, a renewal application form, and the informational form described by Subsection (c). Sec. June 17, 2011. (a) Except as provided by Subsection (b), the department may photograph, microphotograph, or film any record in connection with the issuance of a driver's license or commercial driver's license and any record of any division of the department. 411.531. September 1, 2009. 2828), Sec. Sept. 1, 1993. January 1, 2019. Acts 2017, 85th Leg., R.S., Ch. 684 (S.B. (b) The Texas Higher Education Coordinating Board and each institution of higher education are entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for a security-sensitive position at the coordinating board or institution, as applicable. 20, eff. 821 (H.B. 9.006, eff. Amended by Acts 2003, 78th Leg., ch. September 1, 2019. 324 (S.B. 1153, Sec. 411.252. 411.388. Sec. Acts 2019, 86th Leg., R.S., Ch. MEDIATION OF PERSONNEL DISPUTES. Sec. (a) The department shall adopt rules to administer this subchapter. 2, eff. Sept. 1, 2003. The term does not include: (A) identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the person in the criminal justice system; or. 411.1141. Sec. Acts 2013, 83rd Leg., R.S., Ch. 411.151. 2730), Sec. (c) The department shall provide the court with criminal history record information not later than the 10th day after the date on which the criminal history record information is requested. (c) as added by Acts 1995, 74th Leg., ch. Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they weren't properly compensated. 941), Sec. RULES RELATING TO PARKING AND VEHICLES. 891, Sec. PERSONNEL POLICIES. (b) The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION; GUARDIANSHIPS. (3) "Local law enforcement agency" means a local law enforcement agency with jurisdiction over the investigation of: (B) a missing person with an intellectual disability. (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. June 10, 2019. WebThe state of Texas follows the federal labor laws and has not adopted any of their own as some other states have done. 1, eff. (e) An employee is entitled to use time contributed to the legislative leave pool if the employee uses the time for legislative leave on behalf of a law enforcement association of at least 1,000 active or retired members governed by a board of directors. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 2200), Sec. A county tax assessor-collector in a county described by Section 520.052, Transportation Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for a motor vehicle title service license issued under Subchapter E, Chapter 520, Transportation Code. (d) After the expiration of any probationary term of the person's employment or not later than the 180th day after the date of receipt of the information, whichever is later, the Employees Retirement System of Texas shall destroy all criminal history record information obtained under Subsection (a). Amended by Acts 1999, 76th Leg., ch. December 2, 2021. 411.132 by Acts 1999, 76th Leg., ch. 807 (H.B. Added by Acts 2015, 84th Leg., R.S., Ch. 1188 (S.B. (a) The department shall recruit public and commercial television and radio broadcasters, mobile telephone service providers by use of the federal Wireless Emergency Alert system, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. 9.001, eff. 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. 411.207. (b) In issuing the alert, the department shall send the alert to designated media outlets in this state. 594 (H.B. September 1, 2005. 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. (B) required under federal law as a condition for obtaining federal funding. 232 (S.B. (B) an election on a proposed constitutional amendment. How can I calculate what my overtime pay should be? 4, eff. 816 (S.B. 411.105. (c) In the manner applicable to a person who applies for a license to carry a handgun, the department shall conduct a background check of a person who applies for certification as a qualified handgun instructor or approved online course provider. (2) allows interoperable communication between public safety agencies, including communication between different types of public safety agencies. Sec. The commission may impose an administrative penalty against a person who violates: (1) a law establishing a program subject to this subchapter; or. 1279 (S.B. Added by Acts 2019, 86th Leg., R.S., Ch. (b) An action filed under this section shall be filed in a district court in: (2) the county in which the violation allegedly occurred or is threatened to occur. Acts 2017, 85th Leg., R.S., Ch. 867), Sec. (e) On receipt of all the application materials required by this section, the department shall: (1) if the applicant is an active judicial officer, issue a license to carry a handgun under the authority of this subchapter; or. (f) On request of a local law enforcement agency, the department shall notify the agency of changes made under Subsection (a) by license holders who reside in the county in which the agency is located. 2, eff. Sec. 3582), Sec. June 14, 2013. Sept. 1, 1987. The department may charge actual costs for processing all inquiries under this section. Acts 2019, 86th Leg., R.S., Ch. 694 (H.B. The director's designee may also submit the application and the recommendation that the license be issued. 2, eff. (2) files that declaration with the department. 36(1), eff. IMPOSITION OF PENALTY. Sept. 1, 2003. 1387 (H.B. Sec. Acts 2009, 81st Leg., R.S., Ch. (b) The account is composed of gifts, grants, and donations collected by the department from any public or private source for the purposes of this subchapter. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS WORKFORCE COMMISSION; VOCATIONAL REHABILITATION AND OTHER SERVICES. (2) protocols, standards, and guidelines to minimize any intrusion on a person in an encounter with a peace officer exercising the officer's authority under the program. (2) the commission or imminent commission of the offenses of smuggling of persons under Section 20.05, Penal Code, and trafficking of persons under Section 20A.02, Penal Code, occurring in this state or involving travel between this state and an adjacent state or the United Mexican States. Dec. 1, 1991; Acts 1993, 73rd Leg., ch. The rules must be consistent with federal rules relating to hazardous materials adopted under federal law. USE OF UNIFORM WHILE PERFORMING CERTAIN OFF-DUTY ACTIVITIES. The sign must appear in contrasting colors with block letters at least one inch in height. 1540), Sec. (2) who would be placed in direct contact with patients with mental illness or clients with an intellectual or developmental disability. September 1, 2009. (b) The department and the state auditor shall enter into an agreement providing the state auditor with electronic access to the information that includes appropriate safeguards against unauthorized disclosure of the information. Sec. September 1, 2017. Sec. 411.102. QUALIFIED HANDGUN INSTRUCTORS AND APPROVED ONLINE COURSE PROVIDERS. 411.1953. (D) an elderly person or a person with a disability who is an alleged victim of abuse, neglect, or exploitation and who resides with the alleged perpetrator of that abuse, neglect, or exploitation if: (ii) the Department of Family and Protective Services or the Health and Human Services Commission, as applicable, determines that the release of information to the person is necessary to ensure the safety or welfare of the person. Sept. 1, 1999. 103), Sec. 1146 (H.B. 6, eff. Added by Acts 1993, 73rd Leg., ch. ACTIVATION OF BLUE ALERT SYSTEM. (b) The director may appoint, with the advice and consent of the commission, deputy directors and assistant directors who shall perform the duties that the director designates. (d) The school may provide the applicant, employee, professional consultant, volunteer, student teacher, educational intern, or person who performs ongoing educational projects at the school with a copy of the respective criminal history record information obtained from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency. Sec. 435), Sec. (b) The director shall provide at no cost to a person collecting a DNA sample as described by Subsection (a) the collection kits, labels, report forms, instructions, and training for collection of DNA samples under this section. Alaska, California and Nevada require overtime pay for those working more than eight hours per day. Acts 2015, 84th Leg., R.S., Ch. If a DNA sample was collected solely for the purpose of creating a DNA record, the director may destroy the sample after any test results associated with the sample are entered into the DNA database and the CODIS database. 411.0162. 2675), Sec. Sept. 1, 2001. (3) evidence that the applicant has satisfactorily completed the correctional officer training program offered by the Texas Department of Criminal Justice, including a demonstration of weapons proficiency. (3) an employee or department applicant who currently holds certification from the Texas Juvenile Justice Department. (b) A regulatory agency is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for employment at or an employee of a facility other than a facility licensed under Chapter 142, Health and Safety Code; or. 694), Sec. 3, eff. CONTENT OF CAMO ALERT. (d) The department shall ensure that the information described by Subsection (b) is provided only to a person otherwise entitled to obtain criminal history record information under this subchapter. In short, whether mechanics and technicians are entitled to overtime wages depends on (a) where they work (auto dealer or repair shop), (b) how they are paid (commission or not), (c) how much they make (regular hourly rate and commissions), and (d) the state in which they work. Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. (e) A volunteer center or client agency may not keep or retain criminal history record information obtained under this section in any file. DISCLOSURE BY COURT. (b) A local law enforcement agency that participates in a child watch program is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who: (1) is a participant in the program; and. BUREAU OF INTELLIGENCE. 125 (H.B. Job seekers may find themselves ghosted or breadcrumbed in todays competitive job market. (a) A commercial nuclear power plant licensee and its contractors, for security reasons and consistent with requirements of the United States Nuclear Regulatory Commission, are entitled to obtain from the department criminal history record information maintained by the department that relates to a person who has or is seeking employment at or access to the commercial nuclear power plant. 1224 (H.B. 11.06, eff. 2.04(b), eff. (4) any injuries sustained by the victim. September 1, 2019. (a) A local law enforcement agency may notify the department if the agency: (1) receives notice of a missing senior citizen or person with Alzheimer's disease; (2) verifies that at the time the senior citizen or person with Alzheimer's disease is reported missing: (i) is 65 years of age or older and has an impaired mental condition; or, (ii) is a person with Alzheimer's disease; and, (B) the person's location is unknown; and. 927 (H.B. (c) Criminal history record information obtained under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information. 489 (H.B. DISPOSAL OF RECORDS. Sec. 1488), Sec. Sec. LIMITATION OF LIABILITY. 790, Sec. (c) The public or nonprofit hospital or hospital district shall adopt a uniform method to obtain criminal history information from persons described by Subsection (b). 5.15, eff. (c) The director shall prescribe forms for use by local law enforcement agencies in requesting activation of the alert system. (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. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Sec. Aug. 30, 1999. September 1, 2005. On establishing the repository, the department shall develop a procedure to monitor, record, classify, and analyze information relating to incidents directed against persons and property that are apparently motivated by the factors listed in this subsection. 295 (H.B. 1, eff. 1070 (H.B. 1189, Sec. 1168 (S.B. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY FIRE MARSHALS; COUNTY SHERIFFS. (a) In this section: (1) "Public hospital" means a hospital that is owned, operated, or leased by a county, municipality, or hospital authority. 1399), Sec. 2, eff. Amended by Acts 1999, 76th Leg., ch. 966), Sec. The department shall recruit public and commercial television and radio broadcasters, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. 406 (S.B. 2.22(a), eff. A person who is not a license holder may apply for the designation with the person's application for an original license to carry a handgun. 3, eff. 16), Sec. September 1, 2011. 411.003. 496, Sec. June 19, 2009. CERTAIN EQUIPMENT FOR VEHICLES. 16, eff. In making an appointment the governor shall consider, among other things, the person's knowledge of laws, experience in the enforcement of law, honesty, integrity, education, training, and executive ability. (B) under Section 21.08, 25.04, 43.021, or 43.24, Penal Code. INCIDENT-BASED CRIME STATISTICS REPORTING GOAL. 1334, Sec. (c) The director may adopt rules to accept alternative documentation not described by Subsection (b) that shows that the person is at increased risk of becoming a victim of violence. Amended by Acts 1999, 76th Leg., ch. 62, Sec. (i) A law enforcement agency shall report offenses under Section 22.011 or 22.021, Penal Code, to the department in the form and manner and at regular intervals as prescribed by rules adopted by the department. (a) To prevent the unlawful transfer of contraband from this state to the United Mexican States and other unlawful activity, the department shall implement a strategy for providing to federal authorities and to local law enforcement authorities working with those 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) In issuing the alert, the department shall send the alert to designated media outlets in Texas. September 1, 2021. The reports are audit working papers of the state auditor. April 2, 2015. (b) Criminal history record information obtained under Subsection (a) may not be released or disclosed to any person except in a criminal proceeding, in a hearing conducted by the regional tollway authority, on court order, or with the consent of the person who is the subject of the criminal history record information. 41), Sec. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2009. 1, eff. "The number of protected classes has grown exponentially during the last decade," Kluger says. June 30, 2003. Sec. 411.466. June 10, 2019. 2300), Sec. (d) The Department of State Health Services or the Health and Human Services Commission, as applicable, may provide the applicant or licensee with a copy of the person's criminal history record information obtained from the Department of Public Safety, Federal Bureau of Investigation identification division, or another law enforcement agency. (b) Not later than January 1, 2017, the department shall submit a report to the legislature that identifies the number of local law enforcement agencies that have implemented the system described by Subsection (a). September 1, 2017. (5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to: (A) schizophrenia or delusional disorder; (C) chronic dementia, whether caused by illness, brain defect, or brain injury; (f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time. 1302, Sec. 1206, Sec. MEMBER AND GENERAL COUNSEL RESTRICTION. Sept. 1, 1995; Acts 2001, 77th Leg., ch. (4) operated in such a manner as to stop only vehicles, tractors or implements, equipment, aircraft, or watercraft for which law enforcement authorities have probable cause to believe is stolen and bound for Mexico. 2559), Sec. (a) For purposes of this section: (b) An institution of higher education or private or independent institution of higher education in this state may not adopt or enforce any rule, regulation, or other provision or take any other action, including posting notice under Section 30.06 or 30.07, Penal Code, prohibiting or placing restrictions on the storage or transportation of a firearm or ammunition in a locked, privately owned or leased motor vehicle by a person, including a student enrolled at that institution, who holds a license to carry a handgun under this subchapter and lawfully possesses the firearm or ammunition: (1) on a street or driveway located on the campus of the institution; or. (c) The department may modify the criteria described by Subsection (a) or (b) as necessary for the proper implementation of the alert system. Under this definition, a single inappropriate comment from a co-worker probably doesn't meet the criteria of a hostile workplace. Sept. 1, 2001. 411.0165. The date of the hearing may be reset on the motion of either party, by agreement of the parties, or by the court as necessary to accommodate the court's docket. The department shall establish procedures for the submission of legible and classifiable fingerprints by an applicant for a license under this subchapter who: (1) is required to submit those fingerprints to the department, including an applicant under Section 411.199, 411.1991, or 411.201; and. 4343), Sec. (2) the notification period ends, as determined by department rule. 1, eff. (B) requires continuous medical treatment to avoid redevelopment; (3) has been diagnosed by a licensed physician, determined by a review board or similar authority, or declared by a court to be incompetent to manage the person's own affairs; or. 411.204. 2730), Sec. 3016), Sec. Sec. 1255 , Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 2, eff. Acts 2015, 84th Leg., R.S., Ch. If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Federal and federal overtime regulations. 94, eff. (B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area. September 1, 2007. Since their salary covers all hours worked at straight time, they are due half-time pay for hours worked over 40: $11.11 / 2 = $5.56 x 5 hours = $27.78. (c) The department by rule shall establish minimum standards for an annual continuing education course that is administered by a qualified handgun instructor and includes not more than 10 hours of instruction for a person who has completed the initial training course described by Subsection (b). 293), Sec. 1, eff. The person's application is not considered complete for purposes of this subchapter unless the application includes the documentation and materials required by this section. September 1, 2015. (c) The Office of Court Administration of the Texas Judicial System shall prescribe a form for the filing of a petition electronically or by mail. September 1, 2015. 34 (S.B. If an individual described by Subsection (a)(2)(A) is received into custody by the Texas Juvenile Justice Department, that department shall collect the sample from the individual during the initial examination or at another time it determines. 411.372. 411.463. September 1, 2017. (3) is subject to investigation by the board in connection with a complaint or formal charge against the person. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS CIVIL COMMITMENT OFFICE. Renumbered from Government Code, Section 411.1406 by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. Acts 2009, 81st Leg., R.S., Ch. EXPUNCTION OR REMOVAL OF DNA RECORDS. ASSISTANCE OF TEXAS DEPARTMENT OF TRANSPORTATION OR TEXAS FACILITIES COMMISSION. 1217 (S.B. 9), Sec. A person whose payment for a fee required by this subchapter is dishonored or reversed must pay any future fees required by this subchapter by cashier's check or money order made payable to the "Texas Department of Public Safety." Amended by Acts 1999, 76th Leg., ch. June 15, 2007. FORMER RESERVE LAW ENFORCEMENT OFFICERS. Acts 2017, 85th Leg., R.S., Ch. 2.24, eff. 790, Sec. Acts 2017, 85th Leg., R.S., Ch. The officer shall comply with the order to the extent requested. DEFINITIONS. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CRIMINAL JUSTICE AGENCY. (b) A hospital licensed under Chapter 241, Health and Safety Code, or a nursing home licensed under Chapter 242, Health and Safety Code, shall prominently display at each entrance to the hospital or nursing home, as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51". June 10, 2019. 595 (S.B. 10.01(a) eff. 1303), Sec. 1, eff. Sec. (B) the activation of the alert system would aid in the apprehension of that individual; (2) a description of the circumstances under which a law enforcement agency is required to report a missing suspect to the department; and. September 1, 2005. RESIDENCE. The Fair Labor Standards Act requires employers to pay nonexempt employees overtime pay when they exceed 40 hours of work in a single workweek. Whether you call it a proxy interview, fake interview or bait and switch job interview, the practice of misrepresenting who you are during an interview is a form of interview fraud. (b) A peace officer participating in a program established under this section must have reasonable suspicion or probable cause to believe that firearms, controlled substances, or currency are unlawfully possessed or being unlawfully and imminently moved or transferred between this state and an adjacent state or the United Mexican States or that an offense described by Subsection (a)(2) has been committed or imminently will be committed, as applicable, before exercising the officer's authority under the program, including stopping a person or vehicle or coming into contact with a person. June 10, 2019. GRANTS TO FUND SCRAP METAL THEFT PREVENTION. (6) if the applicant is a retired judicial officer, a form executed by the applicant that authorizes the department to make an inquiry into any noncriminal history records that are necessary to determine the applicant's eligibility for a license under this subchapter. Acts 2011, 82nd Leg., R.S., Ch. 1236 (S.B. OPEN MEETINGS EXCEPTION: CRIMINAL INVESTIGATIONS. 1234 (H.B. Sec. Sept. 1, 1993. Acts 2017, 85th Leg., R.S., Ch. September 1, 2015. (b) Notwithstanding any other provision of this subchapter, the department shall waive any fee required for the issuance of an original, duplicate, modified, or renewed license under this subchapter if the applicant for the license is: (1) a member of the United States armed forces, including a member of the reserves, national guard, or state guard; or. (c) After the Texas Department of Insurance makes a determination as to the issuance of a license or certificate of authority to an applicant, the Texas Department of Insurance shall seal the criminal history record information regarding the applicant and shall deliver the information to the commissioner of insurance or the commissioner's designee, who shall maintain the information as provided by State Board of Insurance rule. 1296), Sec. 3, eff. 263 (S.B. 463, Sec. 228, Sec. Added by Acts 1997, 75th Leg., ch. (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. 225), Sec. If you are paid on a salary basis, you should receive the same amount of pay for each week that you work regardless of the number of days or hours you work. (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. (6) any person, as necessary to conduct an evaluation of the home under Section 245.051(a), Human Resources Code. (b) The county fire marshal or county sheriff may disclose criminal history record information obtained under Subsection (a) to the department chief or chief executive of the requesting fire department or emergency medical services provider, except that the county fire marshal or county sheriff may disclose criminal history record information obtained by the department from the Federal Bureau of Investigation only to governmental entities or as authorized by federal law, federal executive order, or federal rule. In this subchapter: (1) "Alert system" means the statewide blue alert system that is developed and implemented under this subchapter. (a) The Texas Workforce Commission, in connection with the administration of vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant selected for employment with the commission whose potential duties include direct contact with clients to provide those services; (2) an applicant for those services from the commission; or. PETITION AND ORDER. 2730), Sec. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY PROGRAMS. Added by Acts 2003, 78th Leg., ch. 3, eff. Sec. The duplicate license must reflect the person's current name, residence address, and status. TERMINATION OF ALERT. The director shall terminate any activation of the power outage alert as soon as practicable after the Public Utility Commission of Texas or the Electric Reliability Council of Texas notifies the department that the criteria adopted under Section 411.301(b) for the termination of the alert has been met. Officers are entitled to compensation as provided by the board in connection with a complaint or formal against. Hours worked by each employee activation of the alert to designated media outlets in.... Access to CRIMINAL HISTORY RECORD INFORMATION: COURT CLERK ; HEALTH and HUMAN SERVICES COMMISSION ; REHABILITATION...: CRIMINAL Justice AGENCY 1999 ; Acts 2001, 77th Leg., Ch employees or their.. Decade, '' Kluger says law enforcement agencies in requesting activation of the alert system department may charge actual for. Direct contact with patients with mental illness or clients with an intellectual or developmental disability are! 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