Texas 2009 - 81st Regular

Texas House Bill HB1061 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R3598 BEF/JD-D
2	2	By: Jackson H.B. No. 1061
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirement of citizenship or lawful presence in
8	8	the United States for issuance or renewal of certain occupational
9	9	licenses, driver's licenses, and identification certificates.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES
12	12	SECTION 1.01. Title 2, Occupations Code, is amended by
13	13	adding Chapter 60 to read as follows:
14	14	CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR
15	15	BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE
16	16	Sec. 60.001. DEFINITIONS. In this chapter:
17	17	(1) "Employment eligibility" means eligibility for
18	18	employment in the United States.
19	19	(2) "License" means a license, certificate,
20	20	registration, permit, or other authorization that:
21	21	(A) is issued by a licensing authority; and
22	22	(B) an individual must obtain to engage in a
23	23	particular business, occupation, or profession.
24	24	(3) "Licensing authority" means a department,
25	25	commission, board, office, or other agency of this state or a
26	26	political subdivision of this state that issues a license.
27	27	Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An
28	28	applicant for a license must establish employment eligibility if
29	29	the applicant is:
30	30	(1) applying for an original license; or
31	31	(2) renewing a license and the applicant has not
32	32	previously established employment eligibility.
33	33	(b) The licensing authority may not issue a license to an
34	34	applicant or renew an applicant's license unless the applicant
35	35	establishes employment eligibility as required by Subsection (a).
36	36	Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT
37	37	ELIGIBILITY. (a) To establish employment eligibility, an
38	38	applicant shall provide to the licensing authority for inspection
39	39	an original or a copy of:
40	40	(1) one of the following documents:
41	41	(A) a United States passport, unexpired or
42	42	expired;
43	43	(B) a Certificate of United States Citizenship;
44	44	(C) a Certificate of Naturalization;
45	45	(D) an unexpired foreign passport, with I-551
46	46	stamp or attached Form I-94 indicating unexpired employment
47	47	authorization;
48	48	(E) a Permanent Resident Card or Alien
49	49	Registration Receipt Card with photograph;
50	50	(F) an unexpired Temporary Resident Card;
51	51	(G) an unexpired Employment Authorization Card;
52	52	(H) an unexpired reentry permit;
53	53	(I) an unexpired Refugee Travel Document; or
54	54	(J) an unexpired Employment Authorization
55	55	Document issued by the United States Department of Homeland
56	56	Security that contains a photograph; or
57	57	(2) two documents as follows:
58	58	(A) one document listed in this paragraph:
59	59	(i) a driver's license or identification
60	60	card that is issued by a state or outlying possession of the United
61	61	States and that contains the applicant's photograph or information,
62	62	including the applicant's name, date of birth, sex, height, eye
63	63	color, and address;
64	64	(ii) an identification card that is issued
65	65	by a federal, state, or local government agency and that contains
66	66	the applicant's photograph or information, including the
67	67	applicant's name, date of birth, sex, height, eye color, and
68	68	address;
69	69	(iii) a voter registration certificate;
70	70	(iv) a United States military card or draft
71	71	record;
72	72	(v) a military dependent's identification
73	73	card;
74	74	(vi) a United States Coast Guard Merchant
75	75	Mariner Card;
76	76	(vii) a Native American tribal document; or
77	77	(viii) a driver's license issued by a
78	78	Canadian government authority; and
79	79	(B) one document listed in this paragraph:
80	80	(i) a social security card issued by the
81	81	Social Security Administration, other than a card stating it is not
82	82	valid for employment;
83	83	(ii) a Certification of Birth Abroad issued
84	84	by the United States Department of State;
85	85	(iii) an original or certified copy of a
86	86	birth certificate issued by a state, county, municipality, or
87	87	outlying possession of the United States bearing an official seal;
88	88	(iv) a Native American tribal document;
89	89	(v) a United States Citizen Identification
90	90	Card;
91	91	(vi) an Identification Card for Use of
92	92	Resident Citizen in the United States; or
93	93	(vii) an unexpired Employment
94	94	Authorization Document issued by the United States Department of
95	95	Homeland Security.
96	96	(b) In addition to the documents required by Subsection (a),
97	97	an applicant may establish employment eligibility by submitting to
98	98	the licensing authority a document verifying that the applicant
99	99	provided to their current or most recent employer a true and correct
100	100	Form I-9 along with authentic supporting documents.
101	101	(c) Except as provided by this subsection, the documents
102	102	required by Subsection (a) or (b) must be submitted with the license
103	103	application. An applicant who submits an application through the
104	104	TexasOnline system or another electronic means shall submit the
105	105	documents required under Subsection (a) or (b) not later than 30
106	106	days after the date the application is submitted electronically.
107	107	Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has
108	108	submitted all documents that will be required for a licensing
109	109	authority to verify the applicant's employment eligibility and
110	110	before the licensing authority verifies the applicant's employment
111	111	eligibility, the licensing authority may issue a temporary license
112	112	to the applicant.
113	113	(b) A temporary license under this section expires on the
114	114	21st day after the date the temporary license is issued.
115	115	(c) The licensing authority shall determine the applicant's
116	116	employment eligibility not later than the day the temporary license
117	117	expires.
118	118	Sec. 60.005. AUDIT. A licensing authority may audit some or
119	119	all of the applications submitted to the licensing authority for
120	120	compliance with this chapter, including documents used to establish
121	121	employment eligibility.
122	122	Sec. 60.006. CONFIDENTIALITY. Information provided by an
123	123	applicant under this chapter that is not subject to disclosure
124	124	under other law is confidential and not subject to disclosure under
125	125	Chapter 552, Government Code.
126	126	Sec. 60.007. NONDISCRIMINATION. A licensing authority
127	127	shall implement this chapter without regard to an applicant's race,
128	128	religion, sex, ethnicity, or national origin.
129	129	SECTION 1.02. The purpose of this article is to assist in
130	130	the enforcement of 8 U.S.C. Chapter 12.
131	131	SECTION 1.03. (a) In this section:
132	132	(1) "License" means a license, certificate,
133	133	registration, permit, or other authorization that:
134	134	(A) is issued by a licensing authority; and
135	135	(B) an individual must obtain to engage in a
136	136	particular business, occupation, or profession.
137	137	(2) "Licensing authority" means a department,
138	138	commission, board, office, or other agency of this state or a
139	139	political subdivision of this state that issues a license.
140	140	(b) Each licensing authority shall adopt rules under
141	141	Chapter 60, Occupations Code, as added by this article, not later
142	142	than January 1, 2010.
143	143	(c) The change in law made by this article applies only to an
144	144	application for the issuance or renewal of a license that is filed
145	145	with a licensing authority on or after March 1, 2010. An
146	146	application for the issuance or renewal of a license that is filed
147	147	before March 1, 2010, is governed by the law in effect on the date
148	148	the application was filed, and the former law is continued in effect
149	149	for that purpose.
150	150	ARTICLE 2. DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES, AND
151	151	PERSONAL IDENTIFICATION CERTIFICATES
152	152	SECTION 2.01. Section 521.041(b), Transportation Code, is
153	153	amended to read as follows:
154	154	(b) The department shall maintain suitable indexes, in
155	155	alphabetical or numerical order, that contain:
156	156	(1) each denied application and the reasons for the
157	157	denial;
158	158	(2) each application that is granted; [and]
159	159	(3) the name of each license holder whose license has
160	160	been suspended, canceled, or revoked and the reasons for that
161	161	action; and
162	162	(4) the citizenship status of each holder of a license
163	163	or personal identification certificate.
164	164	SECTION 2.02. Section 521.101, Transportation Code, is
165	165	amended by adding Subsections (d-1), (f-1), (f-2), and (f-3) to
166	166	read as follows:
167	167	(d-1) Unless the information has been previously provided
168	168	to the department, the department shall require each applicant for
169	169	an original, renewal, or duplicate personal identification
170	170	certificate to furnish to the department:
171	171	(1) proof of the applicant's United States
172	172	citizenship; or
173	173	(2) documentation described by Subsection (f-1).
174	174	(f-1) A person who is not a citizen of the United States must
175	175	present to the department documentation issued by the United States
176	176	agency responsible for citizenship and immigration that authorizes
177	177	the applicant to be in the United States.
178	178	(f-2) The department may not issue an identification
179	179	certificate to an applicant:
180	180	(1) who fails or refuses to comply with Subsection
181	181	(f-1); or
182	182	(2) whose lawful admission period in the United States
183	183	expires before the 180th day after the application date.
184	184	(f-3) In addition to a certificate issued under this
185	185	section, Subsections (f-1) and (f-2) apply to a personal
186	186	identification certificate for which application is made under
187	187	Section 521.103.
188	188	SECTION 2.03. Section 521.121(a), Transportation Code, is
189	189	amended to read as follows:
190	190	(a) The driver's license must include:
191	191	(1) a distinguishing number assigned by the department
192	192	to the license holder;
193	193	(2) a color photograph of the entire face of the
194	194	holder;
195	195	(3) the full name, date of birth, and residence
196	196	address of the holder; [and]
197	197	(4) a brief description of the holder; and
198	198	(5) a statement as to whether the holder is a citizen
199	199	of the United States.
200	200	SECTION 2.04. Section 521.142, Transportation Code, is
201	201	amended by amending Subsection (e) and adding Subsections (e-1) and
202	202	(e-2) to read as follows:
203	203	(e) The application must include any other information the
204	204	department requires to determine the applicant's identity,
205	205	residency, competency, and eligibility.
206	206	(e-1) A person who is not a citizen of the United States must
207	207	present to the department documentation issued by the United States
208	208	agency responsible for citizenship and immigration that authorizes
209	209	the applicant to be in the United States.
210	210	(e-2) The department may not issue a license to an
211	211	applicant:
212	212	(1) who fails or refuses to comply with Subsection
213	213	(e-1); or
214	214	(2) whose lawful admission period in the United States
215	215	expires before the 180th day after the date of the application.
216	216	SECTION 2.05. Section 521.1425, Transportation Code, is
217	217	amended by amending Subsection (a) and adding Subsection (c) to
218	218	read as follows:
219	219	(a) Except as provided by Subsections [Subsection] (b) and
220	220	(c), the department may require each applicant for an original,
221	221	renewal, or duplicate driver's license to furnish to the department
222	222	the information required by Section 521.142.
223	223	(c) Unless the information has been previously provided to
224	224	the department, the department shall require each applicant for an
225	225	original, renewal, or duplicate driver's license to furnish to the
226	226	department:
227	227	(1) proof of the applicant's United States
228	228	citizenship; or
229	229	(2) documentation described by Section 521.142(e-1).
230	230	SECTION 2.06. Subchapter R, Chapter 521, Transportation
231	231	Code, is amended by adding Section 521.428 to read as follows:
232	232	Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION
233	233	CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a)
234	234	Notwithstanding Sections 521.421 and 521.422, the department by
235	235	rule shall establish the amount of the fee for issuance of a license
236	236	or personal identification certificate issued to an applicant who
237	237	is not a citizen of the United States.
238	238	(b) The amount of the fee may not exceed the amount of the
239	239	fee otherwise imposed by this subchapter or the amount that is
240	240	sufficient, when added to other fees collected under this chapter,
241	241	to recover the actual costs to the department of issuing the license
242	242	or certificate.
243	243	SECTION 2.07. Section 522.021(c), Transportation Code, is
244	244	amended to read as follows:
245	245	(c) The application must meet the requirements of an
246	246	application under Sections [Section] 521.141, 521.142, and
247	247	521.1425 and [must] be accompanied by the fee required under
248	248	Section 522.029. The department may require documentary evidence
249	249	to verify the information required by this section [Subsection
250	250	(a)].
251	251	SECTION 2.08. Section 522.029, Transportation Code, is
252	252	amended by amending Subsection (a) and adding Subsection (l) to
253	253	read as follows:
254	254	(a) The fee for a commercial driver's license or commercial
255	255	driver learner's permit issued by the department is $60, except as
256	256	provided by Subsections (f), (h), [and] (j), and (l).
257	257	(l) Notwithstanding any other provision of this section,
258	258	the department by rule shall establish the amount of the fee for
259	259	issuance of a commercial driver's license or commercial driver
260	260	learner's permit issued to an applicant who is not a citizen of the
261	261	United States. The amount of the fee may not exceed the amount of
262	262	the fee otherwise imposed by this subchapter or the amount that is
263	263	sufficient, when added to other fees collected under this chapter,
264	264	to recover the actual costs to the department of issuing the license
265	265	or certificate.
266	266	SECTION 2.09. Section 522.030, Transportation Code, is
267	267	amended to read as follows:
268	268	Sec. 522.030. CONTENT OF LICENSE. A commercial driver's
269	269	license must:
270	270	(1) be marked "Commercial Driver License" or "CDL";
271	271	(2) be, to the extent practicable, tamper-proof; and
272	272	(3) include:
273	273	(A) the name and mailing address of the person to
274	274	whom it is issued;
275	275	(B) the person's color photograph;
276	276	(C) a physical description of the person,
277	277	including sex, height, and eye color;
278	278	(D) the person's date of birth;
279	279	(E) a number or identifier the department
280	280	considers appropriate;
281	281	(F) the person's signature;
282	282	(G) each class of commercial motor vehicle that
283	283	the person is authorized to drive, with any endorsements or
284	284	restrictions;
285	285	(H) the name of this state; [and]
286	286	(I) the dates between which the license is valid;
287	287	and
288	288	(J) a statement as to whether the person is a
289	289	citizen of the United States.
290	290	SECTION 2.10. Section 522.052, Transportation Code, is
291	291	amended by adding Subsection (h) to read as follows:
292	292	(h) Unless the information has been previously provided to
293	293	the department, the department shall require each applicant for a
294	294	renewal or duplicate commercial driver's license to furnish to the
295	295	department:
296	296	(1) proof of the applicant's United States
297	297	citizenship; or
298	298	(2) documentation described by Section 521.142(e-1).
299	299	SECTION 2.11. The changes in law made by this article apply
300	300	only to a driver's license, personal identification certificate,
301	301	commercial driver's license, or commercial driver learner's permit
302	302	issued or renewed on or after the effective date of this article. A
303	303	driver's license, personal identification certificate, commercial
304	304	driver's license, or commercial driver learner's permit issued or
305	305	renewed before the effective date of this article is governed by the
306	306	law in effect when the license, certificate, or permit was issued,
307	307	and the former law is continued in effect for that purpose.
308	308	ARTICLE 3. EFFECTIVE DATE
309	309	SECTION 3.01. This Act takes effect September 1, 2009.