81R8526 JD-F
By: Burnam H.B. No. 2077
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for a driver's license, commercial
driver's license, or personal identification certificate;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.001(a), Transportation Code, is
amended by adding Subdivision (7-a) to read as follows:
(7-a) "Resident" means a person who lives in this state
and has maintained residency in this state for a period of at least
60 days at the time of application for a driver's license or
personal identification certificate.
SECTION 2. Section 521.029, Transportation Code, is amended
to read as follows:
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
RESIDENTS. (a) A person who enters this state as a new resident
may operate a motor vehicle in this state for no more than 90 [30]
days after the date on which the person enters this state if the
person:
(1) is 16 years of age or older; and
(2) has in the person's possession a driver's license
issued to the person by the person's state or country of previous
residence.
(b) If a person subject to this section is prosecuted for
operating a motor vehicle without a driver's license, the
prosecution alleges that the person has resided in this state for
more than 90 [30] days, and the person claims to have been covered
by Subsection (a), the person must prove by the preponderance of the
evidence that the person has not resided in this state for more than
90 [30] days.
SECTION 3. Section 521.054, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) A person commits an offense if, with intent to defraud
or harm another, the person fails or refuses to comply with
Subsection (b) or (c). An offense under this subsection is a Class
A misdemeanor.
SECTION 4. Section 521.142, Transportation Code, is amended
by amending Subsections (a) and (e) and adding Subsection (i) 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. 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.
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility.
(i) The department by rule may establish and implement a
process to verify that the applicant resides at the residence
address furnished by the applicant. The department may deny
issuance of a license to an applicant whose residence address
cannot be verified. This subsection does not apply to a person
described by Section 521.027.
SECTION 5. Section 521.181, Transportation Code, is amended
to read as follows:
Sec. 521.181. ISSUANCE OF DRIVER'S LICENSE. (a) On
payment of the required fee, the department shall issue to each
qualifying applicant a driver's license of the class for which the
applicant has applied.
(b) The department may not deny the issuance of a driver's
license to an applicant who has otherwise established the
applicant's identity, residency, competency, and eligibility for
the driver's license in compliance with the express provisions of
this chapter.
(c) The Public Safety Commission or the department may not
adopt or enforce a rule that is inconsistent with this section.
SECTION 6. Section 522.021(c-1), Transportation Code, is
amended to read as follows:
(c-1) If the department requires proof of an applicant's
identity as part of an application under this section, the
department must accept [as satisfactory proof of identity] an
offender identification card or similar form of identification
issued to an inmate by the Texas Department of Criminal Justice.
SECTION 7. The changes in law made by this Act apply only to
an application for a driver's license, commercial driver's license,
or personal identification certificate filed on or after the
effective date of this Act. An application filed before the
effective date of this Act is subject to the law in effect on the
date of filing, and that law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2009.