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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement of citizenship or lawful presence in |
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the United States for issuance of a driver's license, personal |
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identification certificate, commercial driver's license, or |
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commercial driver learner's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.041(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department shall maintain suitable indexes, in |
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alphabetical or numerical order, that contain: |
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(1) each denied application and the reasons for the |
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denial; |
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(2) each application that is granted; [and] |
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(3) the name of each license holder whose license has |
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been suspended, canceled, or revoked and the reasons for that |
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action; and |
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(4) the citizenship status of each holder of a license |
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or personal identification certificate. |
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SECTION 2. Section 521.101, Transportation Code, is amended |
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by adding Subsections (d-1), (f-2), and (f-3) and amending |
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Subsection (f) to read as follows: |
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(d-1) Unless the information has been previously provided |
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to the department, the department shall require each applicant for |
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an original, renewal, or duplicate personal identification |
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certificate to furnish to the department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Subsection (f-2). |
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(f) A personal identification certificate expires: |
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(1) on a date specified by the department, if the |
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applicant is a citizen or legal permanent resident of the United |
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States or a refugee or asylee lawfully admitted into the United |
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States; or |
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(2) for an applicant not described by Subdivision (1), |
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on: |
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(A) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first anniversary of the date of |
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issuance, if there is no definite expiration date for the |
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applicant's authorized stay in the United States [except that a
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certificate issued to a person 60 years of age or older does not
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expire]. |
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(f-2) An applicant who is not a citizen of the United States |
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must present to the department documentation issued by the United |
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States agency responsible for citizenship and immigration that |
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authorizes the applicant to be in the United States. |
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(f-3) The department may not issue a personal |
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identification certificate to an applicant who fails or refuses to |
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comply with Subsection (f-2). |
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SECTION 3. Section 521.103, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Sections 521.101(f-2) and (f-3) apply to a personal |
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identification certificate for which application is made under this |
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section. |
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SECTION 4. Sections 521.142(a) and (e), Transportation |
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Code, are amended to read as follows: |
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(a) An application for an original license must state the |
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applicant's full name and place and date of birth. This information |
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must be verified by presentation of proof of identity satisfactory |
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to the department. An applicant who is not a citizen of the United |
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States must present to the department documentation issued by the |
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United States agency responsible for citizenship and immigration |
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that authorizes the applicant to be in the United States before the |
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applicant may be issued a driver's license. The department must |
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accept as satisfactory proof of identity under this subsection an |
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offender identification card or similar form of identification |
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issued to an inmate by the Texas Department of Criminal Justice if |
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the applicant also provides supplemental verifiable records or |
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documents that aid in establishing identity. |
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(e) The application must include any other information the |
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department requires to determine the applicant's identity, |
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residency, competency, and eligibility as required by the |
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department or state law. |
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SECTION 5. Section 521.1425, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), the department may require each applicant for an original, |
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renewal, or duplicate driver's license to furnish to the department |
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the information required by Section 521.142. |
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(c) Unless the information has been previously provided to |
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the department, the department shall require each applicant for an |
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original, renewal, or duplicate driver's license to furnish to the |
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department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Section 521.142(a). |
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SECTION 6. Section 521.271, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsections (a-2), |
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(a-3), and (a-4) to read as follows: |
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(a) Each original driver's license, [and] provisional |
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license, instruction permit, or occupational license issued to an |
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applicant who is a citizen or legal permanent resident of the United |
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States or a refugee or asylee lawfully admitted into the United |
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States expires as follows: |
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(1) except as provided by Section 521.2711, a driver's |
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license expires on the first birthday of the license holder |
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occurring after the sixth anniversary of the date of the |
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application; |
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(2) a provisional license expires on the 18th |
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birthday of the license holder; |
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(3) an instruction permit expires on the 18th birthday |
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of the license holder; |
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(4) an occupational license expires on the first |
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anniversary of the court order granting the license; and |
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(5) unless an earlier date is otherwise provided, a |
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driver's license issued to a person whose residence or domicile is a |
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correctional facility or a parole facility expires on the first |
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birthday of the license holder occurring after the first |
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anniversary of the date of issuance. |
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(a-2) Each original driver's license issued to an applicant |
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who is not a citizen or legal permanent resident of the United |
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States or a refugee or asylee lawfully admitted into the United |
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States expires on: |
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(1) the earlier of: |
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(A) the first birthday of the license holder |
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occurring after the sixth anniversary of the date of the |
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application; or |
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(B) the expiration date of the license holder's |
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lawful presence in the United States as determined by the United |
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States agency responsible for citizenship and immigration in |
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compliance with federal law; or |
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(2) the first anniversary of the date of issuance, if |
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there is no definite expiration date for the applicant's authorized |
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stay in the United States. |
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(a-3) Each original provisional license or instruction |
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permit issued to an applicant who is not a citizen or legal |
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permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States expires on the earliest |
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of: |
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(1) the 18th birthday of the license holder; |
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(2) the first birthday of the license holder occurring |
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after the date of the application; or |
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(3) the expiration of the license holder's lawful |
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presence in the United States as determined by the United States |
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agency responsible for citizenship and immigration in compliance |
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with federal law. |
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(a-4) Each original occupational license issued to an |
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applicant who is not a citizen or legal permanent resident of the |
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United States or a refugee or asylee lawfully admitted into the |
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United States expires on the earlier of: |
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(1) the first anniversary of the date of issuance; or |
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(2) the expiration of the license holder's lawful |
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presence in the United States as determined by the United States |
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agency responsible for citizenship and immigration in compliance |
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with federal law. |
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(b) Except as provided by Section 521.2711, a driver's |
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license that is renewed expires on the earlier of: |
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(1) the sixth anniversary of the expiration date |
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before renewal if the applicant is a citizen or legal permanent |
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resident of the United States or a refugee or asylee lawfully |
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admitted into the United States; |
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(1-a) for an applicant not described by Subdivision |
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(1): |
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(A) the earlier of: |
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(i) the sixth anniversary of the expiration |
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date before renewal; or |
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(ii) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first anniversary of the date of |
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issuance, if there is no definite expiration date for the |
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applicant's authorized stay in the United States; or |
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(2) for a renewal driver's license issued to a person |
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whose residence or domicile is a correctional facility or a parole |
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facility, the first birthday of the license holder occurring after |
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the first anniversary of the date of issuance unless an earlier date |
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is otherwise provided. |
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SECTION 7. Section 521.2711, Transportation Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsections (a) and (b), an original or |
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renewal driver's license issued to an applicant who is 85 years of |
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age or older and not a citizen or legal permanent resident of the |
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United States or a refugee or asylee lawfully admitted into the |
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United States expires on: |
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(1) the earlier of: |
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(A) the second anniversary of the expiration date |
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before renewal; or |
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(B) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(2) the first anniversary of the date of issuance if |
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there is no definite expiration date for the applicant's authorized |
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stay in the United States. |
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SECTION 8. Section 521.272, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) Notwithstanding Sections [Section] 521.271 and |
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521.2711, a driver's license issued under this section, including a |
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renewal, duplicate, or corrected license, expires: |
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(1) if the license holder is a citizen or legal |
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permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States, on the first birthday of |
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the license holder occurring after the date of application, except |
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that the initial license issued under this section expires on the |
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second birthday of the license holder occurring after the date of |
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application; or |
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(2) if the applicant is not described by Subdivision |
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(1), on the earlier of: |
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(A) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first birthday of the license holder |
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occurring after the date of application, except that the initial |
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license issued under this section expires on the second birthday of |
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the license holder occurring after the date of application. |
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(d) Subsection (c) [This subsection] does not apply to: |
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(1) a provisional license; |
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(2) an instruction permit issued under Section |
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521.222; or |
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(3) a hardship license issued under Section 521.223. |
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SECTION 9. Section 521.421, Transportation Code, is amended |
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by adding Subsections (a-3) and (a-4) to read as follows: |
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(a-3) Except as provided by Subsections (a-1) and (a-2), the |
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fee for a driver's license or personal identification certificate |
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that is issued to a person who is not a citizen or legal permanent |
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resident of the United States or a refugee or asylee lawfully |
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admitted into the United States and that is valid for not more than |
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one year is $15. |
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(a-4) Except as provided by Subsection (a-2), the fee for a |
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temporary driver's license or temporary personal identification |
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certificate that is valid for more than one year is $15 for the |
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first year and $10 for each additional year or portion of a year. |
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SECTION 10. Section 522.021(c), Transportation Code, is |
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amended to read as follows: |
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(c) The application must meet the requirements of an |
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application under Sections [Section] 521.141, 521.142, and |
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521.1425 and [must] be accompanied by the fee required under |
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Section 522.029. The department may require documentary evidence |
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to verify the information required by this section [Subsection
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(a)]. |
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SECTION 11. Section 522.029, Transportation Code, is |
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amended by amending Subsections (a) and (k) and adding Subsection |
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(l) to read as follows: |
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(a) The fee for a commercial driver's license or commercial |
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driver learner's permit issued by the department is $60, except as |
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provided by Subsections (f), (h), (j), [and] (k), and (l). |
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(k) The fee for a commercial driver's license or a |
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nonresident commercial driver's license that is issued to a person |
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who is not a citizen or legal permanent resident of the United |
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States or a refugee or asylee lawfully admitted into the United |
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States and that is valid for not more than one year [nonresident
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commercial driver's license is $120.
The fee for a temporary
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nonresident commercial driver's license] is $20. |
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(l) The fee for a temporary commercial driver's license or a |
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nonresident commercial driver's license that is issued in |
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compliance with federal law to a person who is not a citizen or |
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legal permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States that is valid for more than |
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one year is $20 for the first year and $15 for each additional year |
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or portion of a year. |
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SECTION 12. Subsection (f), Section 522.029, |
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Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of |
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the 75th Legislature, Regular Session, 1997, is redesignated as |
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Subsection (f-1) to read as follows: |
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(f-1) [(f)] If a commercial driver's license or commercial |
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driver learner's permit includes an authorization to operate a |
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motorcycle or moped, the fee for the driver's license or permit is |
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increased by $8. |
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SECTION 13. Section 522.030, Transportation Code, is |
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amended to read as follows: |
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Sec. 522.030. CONTENT OF LICENSE. (a) A commercial |
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driver's license must: |
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(1) be marked "Commercial Driver License" or "CDL"; |
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(2) be, to the extent practicable, tamper-proof; and |
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(3) include: |
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(A) the name and mailing address of the person to |
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whom it is issued; |
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(B) the person's color photograph; |
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(C) a physical description of the person, |
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including sex, height, and eye color; |
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(D) the person's date of birth; |
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(E) a number or identifier the department |
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considers appropriate; |
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(F) the person's signature; |
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(G) each class of commercial motor vehicle that |
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the person is authorized to drive, with any endorsements or |
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restrictions; |
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(H) the name of this state; and |
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(I) the dates between which the license is valid. |
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(b) To the extent of a conflict or inconsistency between |
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this section and Section 522.013 or 522.051, Section 522.013 or |
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522.051 controls. |
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SECTION 14. Section 522.033(b), Transportation Code, is |
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amended to read as follows: |
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(b) Notwithstanding Section 522.051, a commercial driver's |
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license or commercial driver learner's permit issued under this |
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section, including a renewal, duplicate, or corrected license, |
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expires: |
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(1) if the license or permit holder is a citizen or |
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legal permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States, on the first birthday of |
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the license holder occurring after the date of application, except |
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that the initial license issued under this section expires on the |
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second birthday of the license holder occurring after the date of |
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application; or |
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(2) if the applicant is not described by Subdivision |
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(1), on the earlier of: |
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(A) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first birthday of the license holder |
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occurring after the date of application, except that the initial |
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license issued under this section expires on the second birthday of |
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the license holder occurring after the date of application. |
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SECTION 15. Section 522.052, Transportation Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) Unless the information has been previously provided to |
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the department, the department shall require each applicant for a |
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renewal or duplicate commercial driver's license to furnish to the |
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department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Section 521.142(a). |
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SECTION 16. The changes in law made by this Act apply only |
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to a driver's license, personal identification certificate, |
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commercial driver's license, or commercial driver learner's permit |
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issued or renewed on or after the effective date of this Act. A |
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driver's license, personal identification certificate, commercial |
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driver's license, or commercial driver learner's permit issued or |
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renewed before the effective date of this Act is governed by the law |
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in effect when the license, certificate, or permit was issued, and |
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the former law is continued in effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2011. |