81R3598 BEF/JD-D
By: Jackson H.B. No. 1061
A BILL TO BE ENTITLED
AN ACT
relating to the requirement of citizenship or lawful presence in
the United States for issuance or renewal of certain occupational
licenses, driver's licenses, and identification certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES
SECTION 1.01. Title 2, Occupations Code, is amended by
adding Chapter 60 to read as follows:
CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR
BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "Employment eligibility" means eligibility for
employment in the United States.
(2) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) an individual must obtain to engage in a
particular business, occupation, or profession.
(3) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An
applicant for a license must establish employment eligibility if
the applicant is:
(1) applying for an original license; or
(2) renewing a license and the applicant has not
previously established employment eligibility.
(b) The licensing authority may not issue a license to an
applicant or renew an applicant's license unless the applicant
establishes employment eligibility as required by Subsection (a).
Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT
ELIGIBILITY. (a) To establish employment eligibility, an
applicant shall provide to the licensing authority for inspection
an original or a copy of:
(1) one of the following documents:
(A) a United States passport, unexpired or
expired;
(B) a Certificate of United States Citizenship;
(C) a Certificate of Naturalization;
(D) an unexpired foreign passport, with I-551
stamp or attached Form I-94 indicating unexpired employment
authorization;
(E) a Permanent Resident Card or Alien
Registration Receipt Card with photograph;
(F) an unexpired Temporary Resident Card;
(G) an unexpired Employment Authorization Card;
(H) an unexpired reentry permit;
(I) an unexpired Refugee Travel Document; or
(J) an unexpired Employment Authorization
Document issued by the United States Department of Homeland
Security that contains a photograph; or
(2) two documents as follows:
(A) one document listed in this paragraph:
(i) a driver's license or identification
card that is issued by a state or outlying possession of the United
States and that contains the applicant's photograph or information,
including the applicant's name, date of birth, sex, height, eye
color, and address;
(ii) an identification card that is issued
by a federal, state, or local government agency and that contains
the applicant's photograph or information, including the
applicant's name, date of birth, sex, height, eye color, and
address;
(iii) a voter registration certificate;
(iv) a United States military card or draft
record;
(v) a military dependent's identification
card;
(vi) a United States Coast Guard Merchant
Mariner Card;
(vii) a Native American tribal document; or
(viii) a driver's license issued by a
Canadian government authority; and
(B) one document listed in this paragraph:
(i) a social security card issued by the
Social Security Administration, other than a card stating it is not
valid for employment;
(ii) a Certification of Birth Abroad issued
by the United States Department of State;
(iii) an original or certified copy of a
birth certificate issued by a state, county, municipality, or
outlying possession of the United States bearing an official seal;
(iv) a Native American tribal document;
(v) a United States Citizen Identification
Card;
(vi) an Identification Card for Use of
Resident Citizen in the United States; or
(vii) an unexpired Employment
Authorization Document issued by the United States Department of
Homeland Security.
(b) In addition to the documents required by Subsection (a),
an applicant may establish employment eligibility by submitting to
the licensing authority a document verifying that the applicant
provided to their current or most recent employer a true and correct
Form I-9 along with authentic supporting documents.
(c) Except as provided by this subsection, the documents
required by Subsection (a) or (b) must be submitted with the license
application. An applicant who submits an application through the
TexasOnline system or another electronic means shall submit the
documents required under Subsection (a) or (b) not later than 30
days after the date the application is submitted electronically.
Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has
submitted all documents that will be required for a licensing
authority to verify the applicant's employment eligibility and
before the licensing authority verifies the applicant's employment
eligibility, the licensing authority may issue a temporary license
to the applicant.
(b) A temporary license under this section expires on the
21st day after the date the temporary license is issued.
(c) The licensing authority shall determine the applicant's
employment eligibility not later than the day the temporary license
expires.
Sec. 60.005. AUDIT. A licensing authority may audit some or
all of the applications submitted to the licensing authority for
compliance with this chapter, including documents used to establish
employment eligibility.
Sec. 60.006. CONFIDENTIALITY. Information provided by an
applicant under this chapter that is not subject to disclosure
under other law is confidential and not subject to disclosure under
Chapter 552, Government Code.
Sec. 60.007. NONDISCRIMINATION. A licensing authority
shall implement this chapter without regard to an applicant's race,
religion, sex, ethnicity, or national origin.
SECTION 1.02. The purpose of this article is to assist in
the enforcement of 8 U.S.C. Chapter 12.
SECTION 1.03. (a) In this section:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) an individual must obtain to engage in a
particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
(b) Each licensing authority shall adopt rules under
Chapter 60, Occupations Code, as added by this article, not later
than January 1, 2010.
(c) The change in law made by this article applies only to an
application for the issuance or renewal of a license that is filed
with a licensing authority on or after March 1, 2010. An
application for the issuance or renewal of a license that is filed
before March 1, 2010, is governed by the law in effect on the date
the application was filed, and the former law is continued in effect
for that purpose.
ARTICLE 2. DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES, AND
PERSONAL IDENTIFICATION CERTIFICATES
SECTION 2.01. Section 521.041(b), 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 2.02. Section 521.101, Transportation Code, is
amended by adding Subsections (d-1), (f-1), (f-2), and (f-3) 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-1).
(f-1) A person who is not a citizen of the United States must
present to the department documentation issued by the United States
agency responsible for citizenship and immigration that authorizes
the applicant to be in the United States.
(f-2) The department may not issue an identification
certificate to an applicant:
(1) who fails or refuses to comply with Subsection
(f-1); or
(2) whose lawful admission period in the United States
expires before the 180th day after the application date.
(f-3) In addition to a certificate issued under this
section, Subsections (f-1) and (f-2) apply to a personal
identification certificate for which application is made under
Section 521.103.
SECTION 2.03. Section 521.121(a), Transportation Code, is
amended to read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a color photograph of the entire face of the
holder;
(3) the full name, date of birth, and residence
address of the holder; [and]
(4) a brief description of the holder; and
(5) a statement as to whether the holder is a citizen
of the United States.
SECTION 2.04. Section 521.142, Transportation Code, is
amended by amending Subsection (e) and adding Subsections (e-1) and
(e-2) to read as follows:
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility.
(e-1) A person who is not a citizen of the United States must
present to the department documentation issued by the United States
agency responsible for citizenship and immigration that authorizes
the applicant to be in the United States.
(e-2) The department may not issue a license to an
applicant:
(1) who fails or refuses to comply with Subsection
(e-1); or
(2) whose lawful admission period in the United States
expires before the 180th day after the date of the application.
SECTION 2.05. 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(e-1).
SECTION 2.06. Subchapter R, Chapter 521, Transportation
Code, is amended by adding Section 521.428 to read as follows:
Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a)
Notwithstanding Sections 521.421 and 521.422, the department by
rule shall establish the amount of the fee for issuance of a license
or personal identification certificate issued to an applicant who
is not a citizen of the United States.
(b) The amount of the fee may not exceed the amount of the
fee otherwise imposed by this subchapter or the amount that is
sufficient, when added to other fees collected under this chapter,
to recover the actual costs to the department of issuing the license
or certificate.
SECTION 2.07. Section 522.021(c), Transportation Code, is
amended to read as follows:
(c) The application must meet the requirements of an
application under Sections [Section] 521.141, 521.142, and
521.1425 and [must] be accompanied by the fee required under
Section 522.029. The department may require documentary evidence
to verify the information required by this section [Subsection
(a)].
SECTION 2.08. Section 522.029, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (l) to
read as follows:
(a) The fee for a commercial driver's license or commercial
driver learner's permit issued by the department is $60, except as
provided by Subsections (f), (h), [and] (j), and (l).
(l) Notwithstanding any other provision of this section,
the department by rule shall establish the amount of the fee for
issuance of a commercial driver's license or commercial driver
learner's permit issued to an applicant who is not a citizen of the
United States. The amount of the fee may not exceed the amount of
the fee otherwise imposed by this subchapter or the amount that is
sufficient, when added to other fees collected under this chapter,
to recover the actual costs to the department of issuing the license
or certificate.
SECTION 2.09. Section 522.030, Transportation Code, is
amended to read as follows:
Sec. 522.030. CONTENT OF LICENSE. 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;
and
(J) a statement as to whether the person is a
citizen of the United States.
SECTION 2.10. Section 522.052, Transportation Code, is
amended by adding Subsection (h) to read as follows:
(h) 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(e-1).
SECTION 2.11. The changes in law made by this article apply
only to a driver's license, personal identification certificate,
commercial driver's license, or commercial driver learner's permit
issued or renewed on or after the effective date of this article. A
driver's license, personal identification certificate, commercial
driver's license, or commercial driver learner's permit issued or
renewed before the effective date of this article is governed by the
law in effect when the license, certificate, or permit was issued,
and the former law is continued in effect for that purpose.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2009.