85R9889 AJZ-F
 
  By: Garcia, Rodríguez S.B. No. 1311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a Texas resident driver's permit,
  provisional Texas resident driver's permit, and Texas resident
  driver's instruction permit and the amount and allocation of state
  traffic fine funds; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 521, Transportation Code, is amended by
  adding Subchapter K-1 to read as follows:
  SUBCHAPTER K-1. TEXAS RESIDENT DRIVER'S PERMIT
         Sec. 521.231.  ELIGIBILITY.  The department may issue a
  Texas resident driver's permit to a person who:
               (1)  as of the date the permit is issued, has resided in
  this state for at least one year;
               (2)  is unable to present to the department
  documentation issued by the United States agency responsible for
  citizenship and immigration authorizing the person to be in the
  United States; and
               (3)  has not been finally convicted of a felony
  offense.
         Sec. 521.232.  TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS.  
  (a)  A Texas resident driver's permit issued under this subchapter
  is not valid as proof of the permit holder's identity for a federal
  purpose.
         (b)  The department shall:
               (1)  designate and clearly mark as a Texas resident
  driver's permit each permit issued under this subchapter;
               (2)  designate and clearly mark as a provisional Texas
  resident driver's permit each permit issued under this subchapter
  to a person who is at least 16 years of age but younger than 18 years
  of age; and
               (3)  include on a permit issued under this subchapter
  an indication that the permit is not valid on proof of identity for
  a federal purpose.
         (c)  Except as otherwise provided by this chapter, a person
  who holds a Texas resident driver's permit is subject to the laws of
  this state applicable to the holder of an original or duplicate
  driver's license.
         (d)  Except as otherwise provided by this chapter, an
  applicant for a Texas resident driver's permit who is at least 16
  years of age but younger than 18 years of age is subject to the laws
  of this state applicable to a holder of a provisional license.
         (e)  The department shall adopt rules:
               (1)  regarding the design and content of the Texas
  resident driver's permit;
               (2)  establishing criteria for proof of identification
  and residency of an applicant; and
               (3)  regarding the issuance of Texas resident driver's
  instruction permits.
         (f)  Except as otherwise provided by this chapter, the
  department shall design the Texas resident driver's permit to
  appear substantially similar to the design and orientation of a
  driver's license.
         Sec. 521.233.  APPLICATION.  (a)  An application for a Texas
  resident driver's permit must state the applicant's full name and
  place and date of birth.  This information must be verified by
  presentation of:
               (1)  a current passport or consular document issued to
  the applicant by the country of which the applicant is a citizen; or
               (2)  another identification document the department
  determines by rule is acceptable as proof of the information.
         (b)  The application must include:
               (1)  a complete electronic set of the applicant's
  fingerprints;
               (2)  a photograph of the applicant;
               (3)  the signature of the applicant;
               (4)  a brief description of the applicant; and
               (5)  any information necessary for performing a
  criminal history background check on the applicant.
         (c)  The application must state:
               (1)  the sex of the applicant;
               (2)  the residence address of the applicant;
               (3)  whether the applicant has been licensed to drive a
  motor vehicle before;
               (4)  if previously licensed, when and by what state or
  country; and
               (5)  the county of residence of the applicant.
         (d)  If the applicant is younger than 21 years of age, the
  application must state whether the applicant has completed a driver
  education course required by Section 521.1601.
         (e)  Information supplied to the department relating to an
  applicant's medical history is for the confidential use of the
  department and may not be disclosed to any person or used as
  evidence in a legal proceeding other than a proceeding under
  Subchapter N. This subsection does not apply to information
  provided by an applicant under Subsection (g).
         (f)  Information supplied to the department relating to an
  applicant's criminal history or immigration status is for the
  confidential use of the department and may not be disclosed to any
  person or used as evidence in a legal proceeding.
         (g)  The application must provide space for the applicant to
  voluntarily list any health condition that may impede communication
  with a peace officer as evidenced by a written statement from a
  licensed physician.
         Sec. 521.234.  FEES.  (a)  The fee for applying for an
  original Texas resident driver's permit is $150.
         (b)  The fee for issuance or renewal of a Texas resident
  driver's permit is $100.
         (c)  The fee for issuance of a provisional Texas resident
  driver's permit or Texas resident driver's instruction permit is
  $100.
         (d)  Fees collected under this section shall be remitted to
  the comptroller. The comptroller shall deposit money received under
  this section to the credit of the designated trauma facility and
  emergency medical services account under Section 780.003, Health
  and Safety Code.
         Sec. 521.235.  EXPIRATION.  (a)  Each Texas resident
  driver's permit issued under this subchapter expires two years
  after the date of issuance.
         (b)  Each provisional Texas resident driver's permit and
  Texas resident driver's instruction permit issued under this
  subchapter expires on the 18th birthday of the permit holder.
         Sec. 521.236.  FINANCIAL RESPONSIBILITY REQUIREMENT.  (a)  A
  Texas resident driver's permit is invalid if, on request of a peace
  officer, the permit holder is unable to provide evidence of
  financial responsibility for a motor vehicle the permit holder is
  operating.
         (b)  A holder of a Texas resident driver's permit who cannot
  provide evidence of financial responsibility commits an offense
  punishable under Section 521.457.
         SECTION 2.  Section 521.457(a), Transportation Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person operates a
  motor vehicle on a highway:
               (1)  after the person's driver's license has been
  canceled under this chapter if the person does not have a license
  that was subsequently issued under this chapter;
               (2)  during a period that the person's driver's license
  or privilege is suspended or revoked under any law of this state;
               (3)  while the person's driver's license is expired if
  the license expired during a period of suspension; [or]
               (4)  after renewal of the person's driver's license has
  been denied under any law of this state, if the person does not have
  a driver's license subsequently issued under this chapter; or
               (5)  if the person holds a Texas resident driver's
  permit issued under Subchapter K-1 and is unable to provide
  evidence of financial responsibility for a vehicle the permit
  holder is operating, as required under Section 521.236.
         SECTION 3.  Sections 542.4031(g) and (h), Transportation
  Code, are amended to read as follows:
         (g)  Of the money received by the comptroller under this
  section, the comptroller shall deposit:
               (1)  10 [67] percent to the credit of the undedicated
  portion of the general revenue fund; and
               (2)  90 [33] percent to the credit of the designated
  trauma facility and emergency medical services account under
  Section 780.003, Health and Safety Code.
         (h)  Notwithstanding Subsection (g)(1), in any state fiscal
  year the comptroller shall deposit 10 [67] percent of the money
  received under Subsection (e)(2) to the credit of the general
  revenue fund only until the total amount of the money deposited to
  the credit of the general revenue fund under Subsection (g)(1) and
  Section 780.002(b), Health and Safety Code, equals $250 million for
  that year. If in any state fiscal year the amount received by the
  comptroller under those laws for deposit to the credit of the
  general revenue fund exceeds $250 million, the comptroller shall
  deposit the additional amount to the credit of the Texas mobility
  fund.
         SECTION 4.  Section 780.003(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The account is composed of money deposited to the credit
  of the account under Sections 521.234, 542.406, and 707.008,
  Transportation Code, and under Section 780.002 of this code.
         SECTION 5.  Sections 542.4031(g) and (h), Transportation
  Code, as amended by this Act, apply only to money collected on or
  after the effective date of this Act. Money collected before the
  effective date of this Act is governed by the law in effect when the
  money was collected, and the former law is continued in effect for
  that purpose.
         SECTION 6.  Not later than January 1, 2018, the Department of
  Public Safety of the State of Texas shall:
               (1)  adopt the rules necessary to implement Subchapter
  K-1, Chapter 521, Transportation Code, as added by this Act; and
               (2)  create the application form required by Section
  521.233, Transportation Code, as added by this Act.
         SECTION 7.  This Act takes effect September 1, 2017.