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  82S10030 PAM-D
 
  By: Williams, et al. S.B. No. 9
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of state and federal laws governing
  immigration by certain governmental entities and the
  administration of certain documentation of citizenship status and
  other lawful admittance by the Department of Public Safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 370, Local Government Code, is amended
  by adding Section 370.0031 to read as follows:
         Sec. 370.0031.  LOCAL GOVERNMENT POLICY REGARDING
  ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This
  section applies to:
               (1)  the governing body of a municipality, county, or
  special district or authority, except as provided by Subsections
  (b) and (b-1);
               (2)  an officer, employee, or other body that is part of
  a municipality, county, or special district or authority, including
  a sheriff, municipal police department, municipal attorney, or
  county attorney; and
               (3)  a district attorney or criminal district attorney.
         (b)  This section does not apply to a school district or
  open-enrollment charter school or a junior college district.  This
  section does not apply to the release of information contained in
  education records of an educational agency or institution, except
  in conformity with the Family Educational Rights and Privacy Act of
  1974, Section 513, Pub. L. No. 93-380 (20 U.S.C. Section 1232g).
         (b-1)  This section does not apply to a hospital or hospital
  district.
         (c)  An entity described by Subsection (a) may not adopt a
  rule, order, ordinance, or policy under which the entity prohibits
  the enforcement of the laws of this state or federal law relating to
  immigrants or immigration, including the federal Immigration and
  Nationality Act (8 U.S.C. Section 1101 et seq.).
         (d)  In compliance with Subsection (c), an entity described
  by Subsection (a) may not prohibit a person employed by or otherwise
  under the direction or control of the entity from doing any of the
  following:
               (1)  inquiring into the immigration status of a person
  lawfully detained for the investigation of a criminal offense or
  arrested;
               (2)  with respect to information relating to the
  immigration status, lawful or unlawful, of any person lawfully
  detained for the investigation of a criminal offense or arrested:
                     (A)  sending the information to or requesting or
  receiving the information from United States Citizenship and
  Immigration Services or United States Immigration and Customs
  Enforcement, including information regarding an individual's place
  of birth;
                     (B)  maintaining the information; or
                     (C)  exchanging the information with another
  federal, state, or local governmental entity;
               (3)  assisting or cooperating with a federal
  immigration officer as reasonable and necessary, including
  providing enforcement assistance; or
               (4)  permitting a federal immigration officer to enter
  and conduct enforcement activities at a municipal or county jail to
  enforce federal immigration laws.
         (d-1)  An entity described by Subsection (a) or a person
  employed by or otherwise under the direction or control of the
  entity may not consider race, color, language, or national origin
  while enforcing the laws described by Subsection (c) except to the
  extent permitted by the United States Constitution or the Texas
  Constitution.
         (e)  An entity described by Subsection (a) may not receive
  state grant funds if the entity adopts a rule, order, ordinance, or
  policy under which the entity prohibits the enforcement of the laws
  of this state or federal laws relating to Subsection (c) or, by
  consistent actions, prohibits the enforcement of the laws of this
  state or federal laws relating to Subsection (c). State grant funds
  for the entity shall be denied for the fiscal year following the
  year in which a final judicial determination in an action brought
  under this section is made that the entity has intentionally
  prohibited the enforcement of the laws of this state or federal laws
  relating to Subsection (c).
         (f)  Any citizen residing in the jurisdiction of an entity
  described by Subsection (a) may file a complaint with the attorney
  general if the citizen offers evidence to support an allegation
  that the entity has adopted a rule, order, ordinance, or policy
  under which the entity prohibits the enforcement of the laws of this
  state or federal laws relating to Subsection (c) or that, by
  consistent actions, prohibits the enforcement of the laws of this
  state or federal laws relating to Subsection (c). The citizen must
  include with the complaint the evidence the citizen has that
  supports the complaint.
         (g)  If the attorney general determines that a complaint
  filed under Subsection (f) against an entity described by
  Subsection (a) is valid, the attorney general may file a petition
  for a writ of mandamus or apply for other appropriate equitable
  relief in a district court in Travis County or in a county in which
  the principal office of an entity described by Subsection (a) is
  located to compel the entity that adopts a rule, order, ordinance,
  or policy under which the local entity prohibits the enforcement of
  the laws of this state or federal laws relating to Subsection (c) or
  that, by consistent actions, prohibits the enforcement of the laws
  of this state or federal laws relating to Subsection (c) to comply
  with Subsection (c).  The attorney general may recover reasonable
  expenses incurred in obtaining relief under this subsection,
  including court costs, reasonable attorney's fees, investigative
  costs, witness fees, and deposition costs.
         (h)  An appeal of a suit brought under Subsection (g) is
  governed by the procedures for accelerated appeals in civil cases
  under the Texas Rules of Appellate Procedure. The appellate court
  shall render its final order or judgment with the least possible
  delay.
         SECTION 2.  The heading to Chapter 370, Local Government
  Code, is amended to read as follows:
  CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL
  AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE
  TYPE OF LOCAL GOVERNMENT
         SECTION 3.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.252 to read as follows:
         Art. 2.252.  VERIFICATION OF IMMIGRATION STATUS OF PERSON
  CHARGED WITH COMMITTING OFFENSE. (a)  A local law enforcement
  agency that has custody of a person who has been arrested and
  transported to a place of detention shall verify the immigration
  status of the person by use of the federal Secure Communities
  program operated by United States Immigration and Customs
  Enforcement or a successor program.
         (b)  A local law enforcement agency is not required to
  conduct an immigration status verification under Subsection (a) of
  a person who is transferred to the custody of the agency by another
  law enforcement agency if the transferring agency, before
  transferring custody of the person, conducted an immigration status
  verification under Subsection (a).
         SECTION 4.  Subchapter A, Chapter 521, Transportation Code,
  is amended by adding Section 521.007 to read as follows:
         Sec. 521.007.  TEMPORARY VISITOR STATIONS. (a)  The
  department shall designate as temporary visitor stations certain
  driver's license offices.
         (b)  A driver's license office designated as a temporary
  visitor station under this section must have at least two staff
  members who have completed specialized training on the temporary
  visitor issuance guide published by the department.
         (c)  A driver's license office designated as a temporary
  visitor station shall provide information and assistance to other
  driver's license offices in the state.
         SECTION 5.  Subsection (b), Section 521.041, Transportation
  Code, is amended to read as follows:
         (b)  The department shall maintain suitable indexes, in
  alphabetical or numerical order, that contain:
               (1)  each denied application and the reasons for the
  denial;
               (2)  each application that is granted; [and]
               (3)  the name of each license holder whose license has
  been suspended, canceled, or revoked and the reasons for that
  action; and
               (4)  the citizenship status of each holder of a license
  or personal identification certificate.
         SECTION 6.  Section 521.101, Transportation Code, is amended
  by adding Subsections (d-1), (f-2), (f-3), and (k) and amending
  Subsection (f) to read as follows:
         (d-1)  Unless the information has been previously provided
  to the department, the department shall require each applicant for
  an original, renewal, or duplicate personal identification
  certificate to furnish to the department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation described by Subsection (f-2).
         (f)  A personal identification certificate:
               (1)  for an applicant who is a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States:
                     (A)  expires on a date specified by the department
  if the applicant is younger than 60 years of age; or
                     (B)  does not expire if the applicant is 60 years
  of age or older; or
               (2)  for an applicant not described by Subdivision (1),
  expires on:
                     (A)  the earlier of:
                           (i)  a date specified by the department; or
                           (ii)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  the first anniversary of the date of
  issuance, if there is no definite expiration date for the
  applicant's authorized stay in the United States[, except that a
  certificate issued to a person 60 years of age or older does not
  expire].
         (f-2)  An applicant who is not a citizen of the United States
  must present to the department documentation issued by the
  appropriate United States agency that authorizes the applicant to
  be in the United States.
         (f-3)  The department may not issue a personal
  identification certificate to an applicant who fails or refuses to
  comply with Subsection (f-2).
         (k)  Except as provided by this section, each personal
  identification certificate issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 7.  Section 521.103, Transportation Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  Sections 521.101(f-2) and (f-3) apply to a personal
  identification certificate for which application is made under this
  section.
         SECTION 8.  Section 521.121, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  Except as provided by this section, each personal
  identification certificate issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 9.  Subsections (a) and (e), Section 521.142,
  Transportation Code, are amended to read as follows:
         (a)  An application for an original license must state the
  applicant's full name and place and date of birth. This information
  must be verified by presentation of proof of identity satisfactory
  to the department. An applicant who is not a citizen of the United
  States must present to the department documentation issued by the
  appropriate United States agency that authorizes the applicant to
  be in the United States before the applicant may be issued a
  driver's license. The department must accept as satisfactory proof
  of identity under this subsection an offender identification card
  or similar form of identification issued to an inmate by the Texas
  Department of Criminal Justice if the applicant also provides
  supplemental verifiable records or documents that aid in
  establishing identity.
         (e)  The application must include any other information the
  department requires to determine the applicant's identity,
  residency, competency, and eligibility as required by the
  department or state law.
         SECTION 10.  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 [Subsection] (b) and
  (c), 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)  Unless the information has been previously provided to
  the department, the department shall require each applicant for an
  original, renewal, or duplicate driver's license to furnish to the
  department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation described by Section 521.142(a).
         SECTION 11.  Section 521.271, Transportation Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-2), (a-3), and (a-4) to read as follows:
         (a)  Each original driver's license, [and] provisional
  license, instruction permit, or occupational driver's license
  issued to an applicant who is a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States 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 driver's 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.
         (a-2)  Each original driver's license issued to an applicant
  who is not a citizen, national, or legal permanent resident of the
  United States or a refugee or asylee lawfully admitted into the
  United States expires on:
               (1)  the earlier of:
                     (A)  the first birthday of the license holder
  occurring after the sixth anniversary of the date of the
  application; or
                     (B)  the expiration date of the license holder's
  lawful presence in the United States as determined by the
  appropriate United States agency in compliance with federal law; or
               (2)  the first anniversary of the date of issuance, if
  there is no definite expiration date for the applicant's authorized
  stay in the United States.
         (a-3)  Each original provisional license or instruction
  permit issued to an applicant who is not a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States expires on the earliest
  of:
               (1)  the 18th birthday of the license holder;
               (2)  the first birthday of the license holder occurring
  after the date of the application; or
               (3)  the expiration of the license holder's lawful
  presence in the United States as determined by the United States
  agency responsible for citizenship and immigration in compliance
  with federal law.
         (a-4)  Each original occupational driver's license issued to
  an applicant who is not a citizen, national, or legal permanent
  resident of the United States or a refugee or asylee lawfully
  admitted into the United States expires on the earlier of:
               (1)  the first anniversary of the date of issuance; or
               (2)  the expiration of the license holder's lawful
  presence in the United States as determined by the appropriate
  United States agency in compliance with federal law.
         (b)  Except as provided by Section 521.2711, a driver's
  license that is renewed expires on the earlier of:
               (1)  the sixth anniversary of the expiration date
  before renewal if the applicant is a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States;
               (1-a)  for an applicant not described by Subdivision
  (1):
                     (A)  the earlier of:
                           (i)  the sixth anniversary of the expiration
  date before renewal; or
                           (ii)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  the first anniversary of the date of
  issuance, if there is no definite expiration date for the
  applicant's authorized stay in the United States; or
               (2)  for a renewal driver's license issued to a person
  whose residence or domicile is a correctional facility or a parole
  facility, the first birthday of the license holder occurring after
  the first anniversary of the date of issuance unless an earlier date
  is otherwise provided.
         SECTION 12.  Section 521.2711, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsections (a) and (b), an original or
  renewal driver's license issued to an applicant who is 85 years of
  age or older and not a citizen, national, or legal permanent
  resident of the United States or a refugee or asylee lawfully
  admitted into the United States expires on:
               (1)  the earlier of:
                     (A)  the second anniversary of the expiration date
  before renewal; or
                     (B)  the expiration date of the applicant's
  authorized stay in the United States; or
               (2)  the first anniversary of the date of issuance if
  there is no definite expiration date for the applicant's authorized
  stay in the United States.
         SECTION 13.  Section 521.272, Transportation Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  Notwithstanding Sections [Section] 521.271 and
  521.2711, a driver's license issued under this section, including a
  renewal, duplicate, or corrected license, expires:
               (1)  if the license holder is a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States, on the first birthday of
  the license holder occurring after the date of application, except
  that the initial license issued under this section expires on the
  second birthday of the license holder occurring after the date of
  application; or
               (2)  if the applicant is not described by Subdivision
  (1), on the earlier of:
                     (A)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  the first birthday of the license holder
  occurring after the date of application, except that the initial
  license issued under this section expires on the second birthday of
  the license holder occurring after the date of application.
         (d)  Subsection (c) [This subsection] does not apply to:
               (1)  a provisional license;
               (2)  an instruction permit issued under Section
  521.222; or
               (3)  a hardship license issued under Section 521.223.
         SECTION 14.  Section 521.421, Transportation Code, is
  amended by adding Subsection (a-3) to read as follows:
         (a-3)  Except as provided by Subsections (a-1) and (a-2), the
  fee for a driver's license or personal identification certificate
  that is issued to a person who is not a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States and that is valid for not
  more than one year is $24.
         SECTION 15.  Section 522.005, Transportation Code, is
  amended to read as follows:
         Sec. 522.005.  RULEMAKING AUTHORITY. The department may
  adopt rules necessary to carry out this chapter and the federal act
  and to maintain compliance with 49 C.F.R. Parts 383 and 384.
         SECTION 16.  Section 522.030, Transportation Code, is
  amended to read as follows:
         Sec. 522.030.  CONTENT OF LICENSE. (a)  A commercial
  driver's license must:
               (1)  be marked "Commercial Driver License" or "CDL";
               (2)  be, to the extent practicable, tamper-proof; and
               (3)  include:
                     (A)  the name and mailing address of the person to
  whom it is issued;
                     (B)  the person's color photograph;
                     (C)  a physical description of the person,
  including sex, height, and eye color;
                     (D)  the person's date of birth;
                     (E)  a number or identifier the department
  considers appropriate;
                     (F)  the person's signature;
                     (G)  each class of commercial motor vehicle that
  the person is authorized to drive, with any endorsements or
  restrictions;
                     (H)  the name of this state; and
                     (I)  the dates between which the license is valid.
         (b)  Except as provided by this section, each personal
  identification certificate issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         (c)  To the extent of a conflict or inconsistency between
  this section and Section 522.013 or 522.051, Section 522.013 or
  522.051 controls.
         SECTION 17.  Subsection (b), Section 522.033,
  Transportation Code, is amended to read as follows:
         (b)  Notwithstanding Section 522.051, a commercial driver's
  license or commercial driver learner's permit issued under this
  section, including a renewal, duplicate, or corrected license,
  expires:
               (1)  if the license or permit holder is a citizen,
  national, or legal permanent resident of the United States or a
  refugee or asylee lawfully admitted into the United States, on the
  first birthday of the license holder occurring after the date of
  application, except that the initial license issued under this
  section expires on the second birthday of the license holder
  occurring after the date of application; or
               (2)  if the applicant is not described by Subdivision
  (1), on the earlier of:
                     (A)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  the first birthday of the license holder
  occurring after the date of application, except that the initial
  license issued under this section expires on the second birthday of
  the license holder occurring after the date of application.
         SECTION 18.  Section 522.052, Transportation Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  Unless the information has been previously provided to
  the department, the department shall require each applicant for a
  renewal or duplicate commercial driver's license to furnish to the
  department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation described by Section 521.142(a).
         SECTION 19.  Not later than January 1, 2013, the Department
  of Public Safety of the State of Texas shall submit to the
  legislature a report evaluating the effectiveness of the temporary
  visitor stations established under Section 521.007, Transportation
  Code, as added by this Act.
         SECTION 20.  The changes in law made by this Act to Chapters
  521 and 522, Transportation Code, apply only to a driver's license,
  personal identification certificate, commercial driver's license,
  or commercial driver learner's permit issued, reissued,
  reinstated, or renewed on or after the effective date of this Act.
  A driver's license, personal identification certificate,
  commercial driver's license, or commercial driver learner's permit
  issued, reissued, reinstated, or renewed before the effective date
  of this Act is governed by the law in effect when the license,
  certificate, or permit was issued, reissued, reinstated, or
  renewed, and the former law is continued in effect for that purpose.
         SECTION 21.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect on the 91st day after the last day of
  the legislative session.