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  82R2841 AJZ-F
 
  By: Howard of Fort Bend H.B. No. 1186
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to documentary evidence of citizenship or other status as
  a requirement for issuance of certain identification documents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 7, Education Code, is
  amended by adding Section 7.063 to read as follows:
         Sec. 7.063.  IDENTIFICATION DOCUMENT REQUIREMENTS. (a)  The
  commissioner by rule shall establish procedures that comply with
  the requirements of this section for school districts and
  open-enrollment charter schools to abide by in the issuance of
  identification documents to individuals.
         (b)  The procedures must provide that a school district or
  open-enrollment charter school may not issue an identification
  document identifying an individual as an administrator, faculty
  member, student, or employee of the school district or school
  unless the individual:
               (1)  provides evidence that the person is a United
  States citizen, a United States national, or a legal permanent
  resident alien; or
               (2)  presents, in person, documentary evidence of:
                     (A)  unexpired immigrant or nonimmigrant visa
  status for admission into the United States;
                     (B)  a pending or approved application for asylum
  in the United States;
                     (C)  admission into the United States in refugee
  status;
                     (D)  a pending or approved application for
  temporary protected status in the United States;
                     (E)  approved deferred action status; or
                     (F)  a pending application for adjustment of
  status to legal permanent resident or conditional resident status.
         (c)  A school district or open-enrollment charter school may
  not issue an identification document to an individual under
  Subsection (b)(2) unless the document:
               (1)  complies with this section and the rules adopted
  under this section; and
               (2)  is valid only:
                     (A)  for the period the individual is authorized
  to stay in the United States; or
                     (B)  if there is not a definite end to the
  authorized stay, for the lesser of one year or the period the
  identification document is normally valid.
         (d)  An identification document issued to an individual
  under Subsection (b)(2) must include:
               (1)  a clear and conspicuous statement on the face of
  the document indicating the document is temporary and valid only
  for use on the school's campus; and
               (2)  the document's expiration date.
         (e)  An individual may renew an identification document
  issued under Subsection (b)(2) only by presenting, in person,
  documentary evidence described by Subsection (b)(2).
         SECTION 2.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.977 to read as follows:
         Sec. 51.977.  IDENTIFICATION DOCUMENT REQUIREMENTS. (a)  
  The Texas Higher Education Coordinating Board by rule shall
  establish procedures for an institution of higher education, as
  defined by Section 61.003, to abide by in the issuance of an
  identification document to an individual.
         (b)  The procedures must provide that an institution of
  higher education may not issue an identification document
  identifying an individual as an administrator, faculty member,
  student, or employee of the institution unless the individual:
               (1)  provides evidence that the person is a United
  States citizen, a United States national, or a legal permanent
  resident alien; or
               (2)  presents, in person, documentary evidence of:
                     (A)  unexpired immigrant or nonimmigrant visa
  status for admission into the United States;
                     (B)  a pending or approved application for asylum
  in the United States;
                     (C)  admission into the United States in refugee
  status;
                     (D)  a pending or approved application for
  temporary protected status in the United States;
                     (E)  approved deferred action status; or
                     (F)  a pending application for adjustment of
  status to legal permanent resident or conditional resident status.
         (c)  An institution of higher education may not issue an
  identification document to an individual under Subsection (b)(2)
  unless the document:
               (1)  complies with this section and the rules adopted
  under this section; and
               (2)  is valid only:
                     (A)  for the period the individual is authorized
  to stay in the United States; or
                     (B)  if there is not a definite end to the
  authorized stay, for the lesser of one year or the period the
  identification document is normally valid.
         (d)  An identification document issued to an individual
  under Subsection (b)(2) must include:
               (1)  a clear and conspicuous statement on the face of
  the document indicating the document is temporary and valid only
  for use on the institution's campus; and
               (2)  the document's expiration date.
         (e)  An individual may renew an identification document
  issued under Subsection (b)(2) only by presenting, in person,
  documentary evidence described by Subsection (b)(2).
         SECTION 3.  Section 521.101, Transportation Code, is amended
  by adding Subsection (d-1) and amending Subsection (f) to read as
  follows:
         (d-1)  The department shall require each applicant for an
  original, renewal, or duplicate personal identification
  certificate to provide to the department the information required
  by Section 521.142(b)(5).  This subsection does not apply to an
  applicant who previously provided information to the department
  under Section 521.142(b)(5)(A).
         (f)  A certificate expires on a date specified by the
  department, except that:
               (1)  a certificate issued to a person 60 years of age or
  older, other than a person described by Subdivision (2), does not
  expire; and
               (2)  a certificate issued to a person who is not a
  citizen or national of the United States or a legal permanent
  resident alien expires on a date corresponding to the end of the
  period of legal stay as indicated by documentation issued by United
  States Citizenship and Immigration Services or another federal
  agency responsible for citizenship and immigration.
         SECTION 4.  Section 521.142, Transportation Code, is amended
  by amending Subsection (b) and adding Subsection (i) to read as
  follows:
         (b)  The application must include:
               (1)  the thumbprints of the applicant or, if
  thumbprints cannot be taken, the index fingerprints of the
  applicant;
               (2)  a photograph of the applicant;
               (3)  the signature of the applicant; [and]
               (4)  a brief description of the applicant; and
               (5)  proof that the applicant:
                     (A)  is a United States citizen, a United States
  national, or a legal permanent resident alien; or
                     (B)  is authorized to be in the United States in
  accordance with Subsection (i).
         (i)  For an original, renewal, or duplicate license, an
  applicant who is required to provide proof under Subsection
  (b)(5)(B) must present to the department documentary evidence,
  issued by the United States Citizenship and Immigration Services or
  another federal agency responsible for citizenship and
  immigration, authorizing the applicant to be in the United States.  
  The documentation must provide evidence of:
               (1)  unexpired immigrant or nonimmigrant visa status
  for admission into the United States;
               (2)  a pending or approved application for asylum in
  the United States;
               (3)  admission into the United States in refugee
  status;
               (4)  a pending or approved application for temporary
  protected status in the United States;
               (5)  approved deferred action status; or
               (6)  a pending application for adjustment of status to
  legal permanent resident or conditional resident status.
         SECTION 5.  Section 521.1425, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  Except as provided by Subsections (b) and (c)
  [Subsection (b)], the department may require each applicant for an
  original, renewal, or duplicate driver's license to furnish to the
  department the information required by Section 521.142.
         (c)  The department shall require each applicant for a
  renewal or duplicate license to furnish to the department the
  information required by Section 521.142(b)(5).  This subsection
  does not apply to an applicant who previously furnished information
  to the department under Section 521.142(b)(5)(A).
         SECTION 6.  Section 521.271(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 521.2711 and 521.2715,
  each [Each] original driver's license and provisional license
  expires as follows:
               (1)  [except as provided by Section 521.2711,] a
  driver's license expires on the first birthday of the license
  holder occurring after the sixth anniversary of the date of the
  application;
               (2)  a provisional license expires on  the 18th
  birthday of the license holder;
               (3)  an instruction permit expires on the 18th birthday
  of the license holder;
               (4)  an occupational license expires on the first
  anniversary of the court order granting the license; and
               (5)  unless an earlier date is otherwise provided, a
  driver's license issued to a person whose residence or domicile is a
  correctional facility or a parole facility expires on the first
  birthday of the license holder occurring after the first
  anniversary of the date of issuance.
         SECTION 7.  Subchapter M, Chapter 521, Transportation Code,
  is amended by adding Section 521.2715 to read as follows:
         Sec. 521.2715.  LICENSE EXPIRATION:  NONCITIZENS AND
  TEMPORARY RESIDENTS. A driver's license held by a person who is not
  a citizen or national of the United States or a legal permanent
  resident alien, including an original, renewal, or duplicate
  license, expires on the earlier of:
               (1)  the date specified in Section 521.271 or 521.2711,
  as applicable; or
               (2)  the date corresponding to the end of the period of
  legal stay as indicated by documentation issued by the United
  States Citizenship and Immigration Services or another federal
  agency responsible for citizenship and immigration.
         SECTION 8.  Section 521.421, Transportation Code, is amended
  by adding Subsection (k) to read as follows:
         (k)  If a driver's license issued to a person who is not a
  citizen or national of the United States or a legal permanent
  resident alien expires before the date specified in Section
  521.271, the department shall prorate the fee according to the
  number of years the license is to be in effect.
         SECTION 9.  Section 521.422(a), Transportation Code, is
  amended to read as follows:
         (a)  The fee for a personal identification certificate is:
               (1)  $15 for a person under 60 years of age;
               (2)  $5 for a person 60 years of age or older; [and]
               (3)  $20 for a person subject to the registration
  requirements under Chapter 62, Code of Criminal Procedure; and
               (4)  for a certificate issued to a person under Section
  521.101(f)(2), the lesser of:
                     (A)  $3 for each year the certificate is valid; or
                     (B)  $15.
         SECTION 10.  Section 522.021(a), Transportation Code, is
  amended to read as follows:
         (a)  An application for a commercial driver's license or
  commercial driver learner's permit must include:
               (1)  the full name and current residence and mailing
  address of the applicant;
               (2)  a physical description of the applicant, including
  sex, height, and eye color;
               (3)  the applicant's date of birth;
               (4)  the applicant's social security number, unless the
  application is for a nonresident commercial driver's license and
  the applicant is a resident of a foreign jurisdiction;
               (5)  certifications, including those required by 49
  C.F.R. Section 383.71(a); [and]
               (6)  the information required by Section
  521.142(b)(5); and
               (7)  any other information required by the department.
         SECTION 11.  Section 522.029, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (l) to
  read as follows:
         (a)  The fee for a commercial driver's license or commercial
  driver learner's permit issued by the department is $60, except as
  provided by Subsections (f), (h), (j), [and] (k), and (l).
         (l)  If a commercial driver's license or commercial driver
  learner's permit issued to a person who is not a citizen or national
  of the United States or a legal permanent resident alien expires
  before the date specified in Section 522.051, the department shall
  prorate the fee according to the number of years the license or
  permit is to be in effect.
         SECTION 12.  Section 522.051(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (f) and Sections
  522.013(e), 522.033, 522.0515, and 522.054, an original commercial
  driver's license or commercial driver learner's permit expires five
  years after the applicant's next birthday.
         SECTION 13.  Subchapter E, Chapter 522, Transportation Code,
  is amended by adding Section 522.0515 to read as follows:
         Sec. 522.0515.  EXPIRATION OF LICENSE OR PERMIT:  
  NONCITIZENS AND TEMPORARY RESIDENTS. A commercial driver's license
  or commercial driver learner's permit held by a person who is not a
  citizen or national of the United States or a legal permanent
  resident alien, including an original, renewal, or duplicate
  license, expires on the earlier of:
               (1)  the date specified in Section 522.051 or 522.052;
  or
               (2)  the date corresponding to the end of the period of
  legal stay as indicated by documentation issued by United States
  Citizenship and Immigration Services or another federal agency
  responsible for citizenship and immigration.
         SECTION 14.  Section 522.052, Transportation Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  The department shall require each applicant for a
  renewal or duplicate commercial driver's license to provide to the
  department the information required by Section 521.142(b)(5).  This
  subsection does not apply to an applicant who previously provided
  information to the department under Section 521.142(b)(5)(A).
         SECTION 15.  The changes in law made by this Act to Chapters
  521 and 522, Transportation Code, apply only to an original,
  renewal, or duplicate application for a driver's license, personal
  identification certificate, commercial driver's license, or
  commercial driver learner's permit submitted on or after the
  effective date of this Act.
         SECTION 16.  (a) The commissioner of education shall adopt
  rules necessary to administer Section 7.063, Education Code, as
  added by this Act.
         (b)  The Texas Higher Education Coordinating Board shall
  adopt rules necessary to administer Section 51.977, Education Code,
  as added by this Act.
         SECTION 17.  Sections 7.063 and 51.977, Education Code, as
  added by this Act, apply beginning with the 2011-2012 school year.
         SECTION 18.  This Act takes effect September 1, 2011.