81R22361 JD-F
By: Burnam H.B. No. 2077
Substitute the following for H.B. No. 2077:
By: Burnam C.S.H.B. No. 2077
A BILL TO BE ENTITLED
AN ACT
relating to driver's licenses, commercial driver's licenses, and
personal identification certificates; 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 521.101, Transportation Code, is amended
by adding Subsection (j) to read as follows:
(j) Except as provided by this section, each personal
identification certificate issued by the department:
(1) must:
(A) be in the same format;
(B) have the same appearance and orientation; and
(C) contain the same type of information; and
(2) may not include any information that this chapter
does not reference or require.
SECTION 5. Section 521.121, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Except as provided by this subchapter, each driver's
license issued by the department:
(1) must:
(A) be in the same format;
(B) have the same appearance and orientation; and
(C) contain the same type of information; and
(2) may not include any information that this chapter
does not reference or require.
SECTION 6. 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:
(1) a person described by Section 521.027; or
(2) a person who presents a certificate of
homelessness as approved by the federal government.
SECTION 7. 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 8. 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 9. Section 522.030, Transportation Code, is amended
to read as follows:
Sec. 522.030. CONTENT OF LICENSE. (a) 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.
(b) Except as provided by this subchapter, each commercial
driver's license issued by the department:
(1) must:
(A) be in the same format;
(B) have the same appearance and orientation; and
(C) contain the same type of information; and
(2) may not include any information that this chapter
does not reference or require.
SECTION 10. The changes in law made by this Act apply only
to a driver's license, commercial driver's license, or personal
identification certificate issued on or after the effective date of
this Act. A driver's license, commercial driver's license, or
personal identification certificate issued before the effective
date of this Act is subject to the law in effect on the date of
issuance, and that law is continued in effect for that purpose.
SECTION 11. This Act takes effect September 1, 2009.