Texas 2009 - 81st Regular

Texas House Bill HB2077 Compare Versions

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Old	New	Differences
1	1	81R22361 JD-F
2	2	By: Burnam H.B. No. 2077
3	3	Substitute the following for H.B. No. 2077:
4	4	By: Burnam C.S.H.B. No. 2077
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to driver's licenses, commercial driver's licenses, and
10	10	personal identification certificates; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 521.001(a), Transportation Code, is
13	13	amended by adding Subdivision (7-a) to read as follows:
14	14	(7-a) "Resident" means a person who lives in this state
15	15	and has maintained residency in this state for a period of at least
16	16	60 days at the time of application for a driver's license or
17	17	personal identification certificate.
18	18	SECTION 2. Section 521.029, Transportation Code, is amended
19	19	to read as follows:
20	20	Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
21	21	RESIDENTS. (a) A person who enters this state as a new resident
22	22	may operate a motor vehicle in this state for no more than 90 [30]
23	23	days after the date on which the person enters this state if the
24	24	person:
25	25	(1) is 16 years of age or older; and
26	26	(2) has in the person's possession a driver's license
27	27	issued to the person by the person's state or country of previous
28	28	residence.
29	29	(b) If a person subject to this section is prosecuted for
30	30	operating a motor vehicle without a driver's license, the
31	31	prosecution alleges that the person has resided in this state for
32	32	more than 90 [30] days, and the person claims to have been covered
33	33	by Subsection (a), the person must prove by the preponderance of the
34	34	evidence that the person has not resided in this state for more than
35	35	90 [30] days.
36	36	SECTION 3. Section 521.054, Transportation Code, is amended
37	37	by adding Subsection (e) to read as follows:
38	38	(e) A person commits an offense if, with intent to defraud
39	39	or harm another, the person fails or refuses to comply with
40	40	Subsection (b) or (c). An offense under this subsection is a Class
41	41	A misdemeanor.
42	42	SECTION 4. Section 521.101, Transportation Code, is amended
43	43	by adding Subsection (j) to read as follows:
44	44	(j) Except as provided by this section, each personal
45	45	identification certificate issued by the department:
46	46	(1) must:
47	47	(A) be in the same format;
48	48	(B) have the same appearance and orientation; and
49	49	(C) contain the same type of information; and
50	50	(2) may not include any information that this chapter
51	51	does not reference or require.
52	52	SECTION 5. Section 521.121, Transportation Code, is amended
53	53	by adding Subsection (c) to read as follows:
54	54	(c) Except as provided by this subchapter, each driver's
55	55	license issued by the department:
56	56	(1) must:
57	57	(A) be in the same format;
58	58	(B) have the same appearance and orientation; and
59	59	(C) contain the same type of information; and
60	60	(2) may not include any information that this chapter
61	61	does not reference or require.
62	62	SECTION 6. Section 521.142, Transportation Code, is amended
63	63	by amending Subsections (a) and (e) and adding Subsection (i) to
64	64	read as follows:
65	65	(a) An application for an original license must state the
66	66	applicant's full name and place and date of birth. This information
67	67	must be verified by presentation of proof of identity satisfactory
68	68	to the department. The department must accept [as satisfactory
69	69	proof of identity under this subsection] an offender identification
70	70	card or similar form of identification issued to an inmate by the
71	71	Texas Department of Criminal Justice.
72	72	(e) The application must include any other information the
73	73	department requires to determine the applicant's identity,
74	74	residency, competency, and eligibility.
75	75	(i) The department by rule may establish and implement a
76	76	process to verify that the applicant resides at the residence
77	77	address furnished by the applicant. The department may deny
78	78	issuance of a license to an applicant whose residence address
79	79	cannot be verified. This subsection does not apply to:
80	80	(1) a person described by Section 521.027; or
81	81	(2) a person who presents a certificate of
82	82	homelessness as approved by the federal government.
83	83	SECTION 7. Section 521.181, Transportation Code, is amended
84	84	to read as follows:
85	85	Sec. 521.181. ISSUANCE OF DRIVER'S LICENSE. (a) On
86	86	payment of the required fee, the department shall issue to each
87	87	qualifying applicant a driver's license of the class for which the
88	88	applicant has applied.
89	89	(b) The department may not deny the issuance of a driver's
90	90	license to an applicant who has otherwise established the
91	91	applicant's identity, residency, competency, and eligibility for
92	92	the driver's license in compliance with the express provisions of
93	93	this chapter.
94	94	(c) The Public Safety Commission or the department may not
95	95	adopt or enforce a rule that is inconsistent with this section.
96	96	SECTION 8. Section 522.021(c-1), Transportation Code, is
97	97	amended to read as follows:
98	98	(c-1) If the department requires proof of an applicant's
99	99	identity as part of an application under this section, the
100	100	department must accept [as satisfactory proof of identity] an
101	101	offender identification card or similar form of identification
102	102	issued to an inmate by the Texas Department of Criminal Justice.
103	103	SECTION 9. Section 522.030, Transportation Code, is amended
104	104	to read as follows:
105	105	Sec. 522.030. CONTENT OF LICENSE. (a) A commercial
106	106	driver's license must:
107	107	(1) be marked "Commercial Driver License" or "CDL";
108	108	(2) be, to the extent practicable, tamper-proof; and
109	109	(3) include:
110	110	(A) the name and mailing address of the person to
111	111	whom it is issued;
112	112	(B) the person's color photograph;
113	113	(C) a physical description of the person,
114	114	including sex, height, and eye color;
115	115	(D) the person's date of birth;
116	116	(E) a number or identifier the department
117	117	considers appropriate;
118	118	(F) the person's signature;
119	119	(G) each class of commercial motor vehicle that
120	120	the person is authorized to drive, with any endorsements or
121	121	restrictions;
122	122	(H) the name of this state; and
123	123	(I) the dates between which the license is valid.
124	124	(b) Except as provided by this subchapter, each commercial
125	125	driver's license issued by the department:
126	126	(1) must:
127	127	(A) be in the same format;
128	128	(B) have the same appearance and orientation; and
129	129	(C) contain the same type of information; and
130	130	(2) may not include any information that this chapter
131	131	does not reference or require.
132	132	SECTION 10. The changes in law made by this Act apply only
133	133	to a driver's license, commercial driver's license, or personal
134	134	identification certificate issued on or after the effective date of
135	135	this Act. A driver's license, commercial driver's license, or
136	136	personal identification certificate issued before the effective
137	137	date of this Act is subject to the law in effect on the date of
138	138	issuance, and that law is continued in effect for that purpose.
139	139	SECTION 11. This Act takes effect September 1, 2009.