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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. 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.
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No
equivalent provision.
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SECTION 2. Section 521.101,
Transportation Code, is amended by removing Subsections (d-1), (f-2),
and (f-3) 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 expires on a date specified by the
department, except that a certificate to a person 60 years or older does
not expire.
(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).
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No
equivalent provision.
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SECTION 3. Section 521.103,
Transportation Code, is amended by removing Subsection (c):
(c) Sections 521.101(f 2)
and (f 3) apply to a personal identification certificate for which
application is made under this section.
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No
equivalent provision.
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SECTION 4. Section 521.142,
Transportation Code, is amended by adding Subsections (f) and (g)
and amending Subsections (a), (c), and (e) 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.
(c) The application must
state:
(1) the sex of the
applicant;
(2) the residence address of
the applicant, or if the applicant is a federal judge, a state judge, or
the spouse of a federal or state judge using the procedure developed under
Section 521.121(c), the street address of the courthouse in which the
applicant or the applicant's spouse serves as a federal judge or a state
judge;
(3) whether the applicant
has been licensed to drive a motor vehicle before;
(4) if previously licensed,
when and by what state or country;
(5) whether that license has
been suspended or revoked or a license application denied;
(6) the date and reason for
the suspension, revocation, or denial; and
(7) whether the applicant
is a citizen of the United States; and
(8) (7) the county of
residence of the applicant.
(e) The application must
include any other information the department requires to determine the
applicant's identity, residency, and competency. , and
eligibility as required by the department or state law.
(f) No other citizenship
evidentiary requirement should be imposed.
(g) The use of allocated
funding to determine applicant citizenship status is prohibited.
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No
equivalent provision.
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SECTION 5. Section 521.1425,
Transportation Code, is amended by removing Subsection (c) and by
amending Subsections (a) and (b) 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.
(b) The department shall
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)(7). and (8)
(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).
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No
equivalent provision.
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SECTION 6. Section 521.271,
Transportation Code, is amended by removing Subsections (a-2),
(a-3), and (a-4) and amending Subsections (a) and (b) 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 licence holder occurring after the sixth anniversary of the date of
the application; or
(B) the expiration date
of the licence 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; orif 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.
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No
equivalent provision.
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SECTION 7. Section 521.2711,
Transportation Code, is amended by removing Subsection (c):
(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.
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No
equivalent provision.
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SECTION 8. Subsections
(c) and (d), Section 521.272, Transportation Code, is amended 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) 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.
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No
equivalent provision.
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SECTION 9. Section 521.421, Transportation
Code, is amended by removing Subsection (a-3):
(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.
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No
equivalent provision.
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SECTION 10. 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 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.
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No
equivalent provision.
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SECTION 11. Subsection (i),
Section 522.052, Transportation Code, is amended 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 documentation described by Section
521.142(a).
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No
equivalent provision.
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SECTION 12. Not later than
January 1, 2015, 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.
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No
equivalent provision.
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SECTION 13. 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.
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No
equivalent provision.
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No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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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 ineligible to
obtain a social security number;
(3) 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
(4) has not been finally
convicted of a Class B misdemeanor, a Class A misdemeanor, or any 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 any federal purposes.
(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
proof of identity for any federal purposes.
(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;
(3) designating
acceptable evidence that an applicant is not eligible for a social security
number; and
(4) regarding the
issuance of Texas resident driver's instruction permits.
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 a current passport or
consular document issued to the applicant by the country of which the
applicant is a citizen.
(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:
(A) when and by what
state or country;
(B) whether that license
has been suspended or revoked or a license application denied; and
(C) the date and reason for
the suspension, revocation, or denial; 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) 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.
(f) 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).
(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 $24.
(c) The fee for issuance
of a provisional Texas resident driver's permit or Texas resident driver's
instruction permit is $15.
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 produce proof of financial
responsibility commits an offense punishable under Section 521.457.
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No
equivalent provision.
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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.
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No
equivalent provision.
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SECTION 3. Not later than
January 1, 2014, 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.
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SECTION 14. 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.
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SECTION 4. This Act takes
effect September 1, 2013.
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