Texas 2009 - 81st Regular

Texas House Bill HB4036 Compare Versions

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11 By: Merritt H.B. No. 4036
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to public safety and the issuance of driver's licenses and
77 identification cards.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 ARTICLE 1. FEDERAL DRIVER'S LICENSE AND IDENTIFICATION CARD
1010 SECURITY REQUIREMENTS
1111 SECTION 1.01. The heading to Chapter 521, Transportation
1212 Code, is amended to read as follows:
1313 CHAPTER 521. DRIVER'S LICENSES AND IDENTIFICATION CARDS
1414 [CERTIFICATES]
1515 SECTION 1.02. Section 521.001(a), Transportation Code, is
1616 amended by amending Subdivision (3) and adding Subdivisions (5-a)
1717 and (10) to read as follows:
1818 (3) "Driver's license" means an authorization issued
1919 by the department for the operation of a motor vehicle. The term
2020 includes:
2121 (A) a learner's license [temporary license or
2222 instruction permit]; and
2323 (B) an occupational license.
2424 (5-a) "Identification card" means a document issued by
2525 the department verifying a person's identity.
2626 (10) "Temporary driver's license" or "temporary
2727 identification card" means a driver's license or identification
2828 card issued to a person who is not a citizen or legal permanent
2929 resident of the United States but has been granted lawful temporary
3030 status in the United States by the United States agency responsible
3131 for citizenship and immigration. A temporary driver's license
3232 includes a learner's license, provisional license, and
3333 occupational license.
3434 SECTION 1.03. Subchapter A, Chapter 521, Transportation
3535 Code, is amended by adding Section 521.007 to read as follows:
3636 Sec. 521.007. RESTRICTIONS ON ISSUANCE. The department may
3737 not issue both a driver's license and an identification card to the
3838 same individual.
3939 SECTION 1.04. Sections 521.044(a) and (b), Transportation
4040 Code, are amended to read as follows:
4141 (a) Information provided on a driver's license or
4242 identification card application that relates to the applicant's
4343 social security number may be used only by the department or
4444 disclosed only to:
4545 (1) the child support enforcement division of the
4646 attorney general's office;
4747 (2) another state entity responsible for enforcing the
4848 payment of child support; [or]
4949 (3) the United States Selective Service System as
5050 provided by Section 521.147; or
5151 (4) another state's driver's licensing agency or
5252 central record system as required by federal law.
5353 (b) The department shall enter an applicant's social
5454 security number in the department's electronic database but may not
5555 print the number on the applicant's driver's license or
5656 identification card.
5757 SECTION 1.05. Section 521.101, Transportation Code, is
5858 amended to read as follows:
5959 Sec. 521.101. [PERSONAL] IDENTIFICATION CARD
6060 [CERTIFICATE]. (a) The department shall issue [personal]
6161 identification cards [certificates].
6262 (b) An [A personal] identification card [certificate] must
6363 be similar in form to, but distinguishable in color from, a driver's
6464 license.
6565 (c) The department shall indicate "UNDER 21" on the face of
6666 an [a personal] identification card [certificate] issued to a
6767 person under 21 years of age.
6868 (d) The department may require each applicant for an
6969 original, renewal, or duplicate [personal] identification card
7070 [certificate] to furnish to the department the information required
7171 by Section 521.142.
7272 (e) The department may cancel and require surrender of an [a
7373 personal] identification card [certificate] after determining that
7474 the holder [was] is not entitled to the identification card
7575 [certificate] or gave incorrect or incomplete information in the
7676 application for the identification card [certificate].
7777 (f) An identification card [A certificate] expires:
7878 (1) on a date specified by the department if the
7979 applicant is a citizen or legal permanent resident of the United
8080 States; or
8181 (2) if the applicant is not a citizen or legal
8282 permanent resident of the United States:
8383 (A) the expiration of the applicant's authorized
8484 stay in the United States; or
8585 (B) one year from the issuance date if there is no
8686 definite expiration date for the authorized stay in the United
8787 States. [, except that a certificate issued to a person 60 years of
8888 age or older does not expire].
8989 (f-1) A person who is not a citizen of the United States must
9090 present to the department documentation issued by the United States
9191 agency responsible for citizenship and immigration authorizing the
9292 person to be in the United States before the person may be issued an
9393 identification card.
9494 (g) An individual, corporation, or association may not deny
9595 the holder of an [a personal] identification card [certificate]
9696 access to goods, services, or facilities, except as provided by
9797 Section 521.460 or in regard to the operation of a motor vehicle,
9898 because the holder has an [a personal] identification card
9999 [certificate] rather than a driver's license.
100100 (h) The department shall automatically revoke each
101101 [personal] identification card [certificate] issued by the
102102 department to a person who:
103103 (1) is subject to the registration requirements of
104104 Chapter 62, Code of Criminal Procedure; and
105105 (2) fails to apply to the department for renewal of the
106106 [personal] identification card [certificate] as required by
107107 Article 62.060, Code of Criminal Procedure.
108108 (i) The department may issue an [a personal] identification
109109 card [certificate] to a person whose identification card
110110 [certificate] is revoked under Subsection (h) only if the person
111111 applies for an original or renewal identification card
112112 [certificate] under Section 521.103.
113113 SECTION 1.06. Section 521.103, Transportation Code, is
114114 amended to read as follows:
115115 Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
116116 CERTAIN SEX OFFENDERS. (a) The department may issue an original
117117 or renewal [personal] identification card [certificate] to a person
118118 whose driver's license or [personal] identification card
119119 [certificate] record indicates that the person is subject to the
120120 registration requirements of Chapter 62, Code of Criminal
121121 Procedure, only if the person:
122122 (1) applies in person for the issuance of an
123123 identification card [a certificate] under this section; and
124124 (2) pays a fee of $20.
125125 (b) An [A personal] identification card [certificate]
126126 issued under this section, including a renewal, duplicate, or
127127 corrected identification card [certificate], expires:
128128 (1) if the identification card holder is a citizen or
129129 legal permanent resident of the United States, on the first
130130 birthday of the identification card [certificate] holder occurring
131131 after the date of application, except that the initial
132132 identification card [certificate] issued under this section
133133 expires on the second birthday of the identification card
134134 [certificate] holder occurring after the date of application; or
135135 (2) if the applicant is not a citizen or legal
136136 permanent resident of the United States:
137137 (A) the expiration of the applicant's authorized stay in the
138138 United States; or
139139 (B) one year from the issuance date if there is no
140140 definite expiration date for the authorized stay in the United
141141 States.
142142 SECTION 1.07. Section 521.104, Transportation Code, is
143143 amended to read as follows:
144144 Sec. 521.104. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
145145 department by rule may provide that the holder of an [a personal]
146146 identification card [certificate] may renew the card [certificate]
147147 by mail, by telephone, over the Internet, or by other electronic
148148 means. A rule adopted under this section may prescribe eligibility
149149 standards for renewal under this section.
150150 SECTION 1.08. Section 521.121(a), Transportation Code, is
151151 amended to read as follows:
152152 (a) The driver's license must include:
153153 (1) a distinguishing number assigned by the department
154154 to the license holder;
155155 (2) a digital [color] photograph of the entire face of
156156 the holder;
157157 (3) the full legal name, date of birth, gender, and
158158 residence address of the holder; and
159159 (4) a brief description of the holder.
160160 SECTION 1.09. Section 521.124, Transportation Code, is
161161 amended to read as follows:
162162 Sec. 521.124. TEMPORARY LICENSE OR TEMPORARY
163163 IDENTIFICATION CARD[; ISSUED WITHOUT PHOTOGRAPH]. (a) The
164164 department shall [may] issue a temporary driver's license or
165165 temporary identification card [without a photograph of the license
166166 holder:
167167 [(1)] to an applicant who is not a citizen or legal
168168 permanent resident[out of state or a member of the armed forces] of
169169 the United States and has temporary lawful status in the United
170170 States[; or
171171 [(2) if the department otherwise determines that a
172172 temporary license is necessary].
173173 (b) A temporary driver's license or temporary
174174 identification card expires:
175175 (1) the expiration of the applicant's authorized period of
176176 stay in the United States as determined by the United States agency
177177 responsible for citizenship and immigration in compliance with
178178 federal law; or
179179 (2) one year from the issuance date if there is no definite
180180 end to the period of authorized stay as determined by the United
181181 States agency responsible for citizenship and immigration in
182182 compliance with federal law. [A temporary license is valid only
183183 until the applicant has time to appear and be photographed and a
184184 license with a photograph is issued].
185185 (c) The department may require each applicant for an
186186 original, renewal, or duplicate temporary driver's license or
187187 temporary identification card to furnish to the department the
188188 information required by Section 521.142.
189189 (d) A temporary driver's license or temporary
190190 identification card must be distinctively marked on the face of the
191191 license or card.
192192 (e) A temporary driver's license or temporary
193193 identification card cannot be issued for a term longer than maximum
194194 term of a driver's license or identification card issued under this
195195 chapter.
196196 SECTION 1.10. Section 521.142, Transportation Code, is
197197 amended by amending Subsections (a), (b), (c), (e), and (g) and
198198 adding Subsection (i) to read as follows:
199199 (a) An application for an original license must state the
200200 applicant's full legal name and place and date of birth. This
201201 information must be verified by presentation of proof of identity
202202 satisfactory to the department and in compliance with applicable
203203 federal law. A person who is not a citizen of the United States must
204204 present to the department documentation issued by the United States
205205 agency responsible for citizenship and immigration authorizing the
206206 person to be in the United States before the person may be issued a
207207 driver's license or identification card. [The department must
208208 accept as satisfactory proof of identity under this subsection an
209209 offender identification card or similar form of identification
210210 issued to an inmate by the Texas Department of Criminal Justice.]
211211 (b) The application must include:
212212 (1) the thumbprints of the applicant or, if
213213 thumbprints cannot be taken, the index fingerprints of the
214214 applicant;
215215 (2) a digital photograph of the applicant;
216216 (3) the signature of the applicant; and
217217 (4) a brief description of the applicant.
218218 (c) The application must state:
219219 (1) the gender [sex] of the applicant;
220220 (2) the principal residence address of the applicant;
221221 (3) whether the applicant has been licensed to drive a
222222 motor vehicle or issued an identification card before;
223223 (4) if previously licensed or issued an identification
224224 card, when and by what state or country;
225225 (5) whether that license or driving privilege has been
226226 suspended or revoked or a license application denied;
227227 (6) the date and reason for the suspension,
228228 revocation, or denial;
229229 (7) whether the applicant is a citizen of the United
230230 States; and
231231 (8) the county of residence of the applicant.
232232 (e) The application must include any other information the
233233 department requires to determine the applicant's identity,
234234 residency, competency, and eligibility as required by the
235235 department or state or federal law.
236236 (g) The department shall [may] require an applicant to
237237 provide the applicant's social security number or proof of
238238 ineligibility for a social security number as required by state or
239239 federal law [only for a purpose permitted by Section 521.044].
240240 (i) The application must be accompanied by a sworn statement
241241 certifying that the information provided on the application is true
242242 and correct.
243243 SECTION 1.11. Section 521.182, Transportation Code, is
244244 amended to read as follows:
245245 Sec. 521.182. SURRENDER OF LICENSE OR IDENTIFICATION CARD
246246 ISSUED BY OTHER JURISDICTION. (a) A person is not entitled to
247247 receive a driver's license or identification card until the person
248248 terminates by surrendering [surrenders] to the department each
249249 driver's license or identification card in the person's possession
250250 that was issued by this state or another state or Canadian province.
251251 (a-1) The department may invalidate the surrendered license
252252 or identification card and return it to the applicant.
253253 (b) The department shall send to the state or province that
254254 issued the license or identification card:
255255 (1) the surrendered license or identification card or
256256 a notification that the license or identification card has been
257257 surrendered; and
258258 (2) a statement that the person holds a driver's
259259 license or identification card issued by this state.
260260 SECTION 1.12. Section 521.222, Transportation Code, is
261261 amended to read as follows:
262262 Sec. 521.222. LEARNER'S LICENSE [INSTRUCTION PERMIT].
263263 (a) The department or a driver education school licensed under
264264 Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
265265 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
266266 may issue a learner's license [an instruction permit], including a
267267 Class A or Class B driver's license learner's license [instruction
268268 permit], to a person who:
269269 (1) is 15 years of age or older but under 18 years of
270270 age;
271271 (2) has satisfactorily completed and passed the
272272 classroom phase of an approved driver education course, which may
273273 be a course approved under Section 521.205;
274274 (3) meets the requirements imposed under Section
275275 521.204(a)(3) [521.204(3)]; and
276276 (4) has passed each examination required under Section
277277 521.161 other than the driving test.
278278 (b) The department may issue a learner's license [an
279279 instruction permit] to a person 18 years of age or older who has
280280 successfully passed all parts of the driver's examination required
281281 under Section 521.161 other than the driving test.
282282 (c) A driver education school may issue a learner's license
283283 [an instruction permit] to a person 18 years of age or older who has
284284 successfully passed:
285285 (1) a six-hour adult classroom driver education course
286286 approved by the Texas Education Agency; and
287287 (2) each part of the driver's examination required by
288288 Section 521.161 other than the driving test.
289289 (d) A learner's license [An instruction permit] entitles
290290 the holder to operate a type of motor vehicle on a highway while:
291291 (1) the learner's license [permit] is in the holder's
292292 possession; and
293293 (2) the holder is accompanied by a person occupying
294294 the seat by the operator who:
295295 (A) holds a license that qualifies the operator
296296 to operate that type of vehicle;
297297 (B) is 21 years of age or older; and
298298 (C) has at least one year of driving experience.
299299 (e) [Except as provided by Subsection (f), an instruction
300300 permit is not required to include a photograph.
301301 [(f)] The department may issue a learner's license [an
302302 instruction permit] under this section to a person who is subject to
303303 the registration requirements under Chapter 62, Code of Criminal
304304 Procedure, and is otherwise eligible for the learner's license
305305 [permit].
306306 (f) A learner's license [An instruction permit issued under
307307 this subsection] must include a photograph of the license holder
308308 [person].
309309 (g) A person who occupies the seat in a vehicle by a holder
310310 of a learner's license [an instruction permit] commits an offense
311311 if, while the holder is operating the vehicle, the person:
312312 (1) sleeps;
313313 (2) is intoxicated, as defined by Section 49.01, Penal
314314 Code; or
315315 (3) is engaged in an activity that prevents the person
316316 from observing and responding to the actions of the operator.
317317 (h) It is a defense to prosecution [of a violation] under
318318 Subsection (g) that at the time of the violation another person in
319319 addition to the defendant:
320320 (1) occupied the seat by the operator;
321321 (2) complied with the requirements of Subsections
322322 (d)(2)(A)-(C); and
323323 (3) was not in violation of Subsection (g).
324324 SECTION 1.13. Section 521.271, Transportation Code, is
325325 amended to read as follows:
326326 Sec. 521.271. LICENSE EXPIRATION. (a) Each original
327327 driver's license, [and] provisional license, learner's license, or
328328 occupational license issued to a person who is a citizen or legal
329329 permanent resident of the United States expires as follows:
330330 (1) except as provided by Section 521.2711, a driver's
331331 license expires on the first birthday of the license holder
332332 occurring after the sixth anniversary of the date of the
333333 application;
334334 (2) a provisional license expires on the earlier of:
335335 (A) the 18th birthday of the license holder; or
336336 (B) the first birthday of the license holder
337337 occurring after the date of the application;
338338 (3) a learner's license [an instruction permit]
339339 expires on the second birthday of the license holder occurring
340340 after the date of the application; and
341341 (4) an occupational license expires on the first
342342 anniversary of the court order granting the license.
343343 (a-1) Each original driver's license, provisional license,
344344 or learner's license issued to a person who is not a citizen or
345345 legal permanent resident of the United States expires on the
346346 earlier of the first anniversary of the date of issuance or the
347347 expiration of the license holder's lawful presence in the United
348348 States as determined by the United States agency responsible for
349349 citizenship and immigration in compliance with federal law.
350350 (b) Except as provided by Section 521.2711, a driver's
351351 license that is renewed expires on:
352352 (1) the sixth anniversary of the expiration date
353353 before renewal if the license holder is a citizen or legal permanent
354354 resident of the United States; or
355355 (2) if the applicant is not a citizen or legal
356356 permanent resident of the United States:
357357 (A) the expiration of the applicant's authorized stay in the
358358 United States; or
359359 (B) one year from the issuance date if there is no
360360 definite expiration date for the authorized stay in the United
361361 States.
362362 (c) The department may require the renewal of a license or
363363 identification card before its expiration if the renewal is
364364 necessary to ensure compliance with federal law in the systematic
365365 conversion of driver's licenses and identification cards.
366366 SECTION 1.14. Section 521.272, Transportation Code, is
367367 amended by amending Subsections (a) and (c) and adding Subsection
368368 (d) to read as follows:
369369 (a) The department may issue an original or renewal driver's
370370 license or temporary driver's license to a person whose driver's
371371 license or [personal] identification card [certificate] record
372372 indicates that the person is subject to the registration
373373 requirements of Chapter 62, Code of Criminal Procedure, only if the
374374 person:
375375 (1) applies in person for the issuance of a license
376376 under this section; and
377377 (2) pays the fee required by Section 521.421(h).
378378 (c) Notwithstanding Section 521.271, a driver's license or
379379 temporary driver's license issued under this section, including a
380380 renewal, duplicate, or corrected license, expires:
381381 (1) if the license holder is a citizen or legal
382382 permanent resident of the United States, on the first birthday of
383383 the license holder occurring after the date of application, except
384384 that the initial license issued under this section expires on the
385385 second birthday of the license holder occurring after the date of
386386 application; or
387387 (2) if the applicant is not a citizen or legal
388388 permanent resident of the United States:
389389 (A) the expiration of the applicant's authorized stay in the
390390 United States; or
391391 (B) one year from the issuance date if there is no
392392 definite expiration date for the authorized stay in the United
393393 States.
394394 (d) Subsection (c) [This subsection] does not apply to:
395395 (1) a provisional license;
396396 (2) a learner's license [an instruction permit] issued
397397 under Section 521.222; or
398398 (3) a hardship license issued under Section 521.223.
399399 SECTION 1.15. Section 521.314, Transportation Code, is
400400 amended to read as follows:
401401 Sec. 521.314. CANCELLATION AUTHORITY. The department may
402402 cancel a license or identification card [certificate] if it
403403 determines that the holder:
404404 (1) is [was] not entitled to the license or
405405 identification card [certificate]; or
406406 (2) failed to give required information in the
407407 application for the license or identification card [certificate].
408408 SECTION 1.16. Section 521.421, Transportation Code, is
409409 amended by adding Subsections (a-1) and (a-2) and amending
410410 Subsection (c) to read as follows:
411411 (a-1) The fee for a driver's license or identification card
412412 issued in compliance with federal law to a person who is not a
413413 citizen or legal permanent resident of the United States and that is
414414 not valid for more than one year is $25.
415415 (a-2) The fee for a temporary driver's license or temporary
416416 identification card that is valid for more than one year is $25 for
417417 the first year and $10 for each additional year or portion of a
418418 year.
419419 (c) The fee for issuance or renewal of a provisional license
420420 or learner's license [instruction permit] is $10 [$5].
421421 SECTION 1.17. Section 521.451(a), Transportation Code, is
422422 amended to read as follows:
423423 (a) Except as provided by Section 521.452, a person may not:
424424 (1) display, cause or permit to be displayed, or have
425425 in the person's possession a driver's license or identification
426426 card [certificate] that the person knows is fictitious or has been
427427 altered;
428428 (2) lend the person's driver's license or
429429 identification card [certificate] to another person or knowingly
430430 permit another person to use the person's driver's license or
431431 identification card [certificate];
432432 (3) display or represent as the person's own a driver's
433433 license or identification card [certificate] not issued to the
434434 person;
435435 (4) possess more than one currently valid driver's
436436 license or identification card [more than one currently valid
437437 certificate]; or
438438 (5) in an application for an original, renewal, or
439439 duplicate driver's license or identification card [certificate]:
440440 (A) provide a false name, false address, or a
441441 counterfeit document; or
442442 (B) knowingly make a false statement, conceal a
443443 material fact, or otherwise commit fraud.
444444 SECTION 1.18. Section 522.003, Transportation Code, is
445445 amended by adding Subdivision (27) to read as follows:
446446 (27) "Temporary commercial driver's license" means a
447447 commercial driver's license issued to a person who is not a citizen
448448 or legal permanent resident of the United States but has been
449449 granted lawful temporary status in the United States by the United
450450 States agency responsible for citizenship and immigration. A
451451 temporary commercial driver's license includes a commercial
452452 learner's license and a nonresident commercial driver's license.
453453 SECTION 1.19. Section 522.013, Transportation Code, is
454454 amended by amending Subsections (a), (b), (c), (d), and (e) and
455455 adding Subsection (g) to read as follows:
456456 (a) The department may issue a temporary commercial
457457 driver's license or temporary nonresident commercial driver's
458458 license to a resident of a foreign jurisdiction if the secretary has
459459 determined that the commercial motor vehicle testing and licensing
460460 standards in the foreign jurisdiction do not meet the testing
461461 standards established by 49 C.F.R. Part 383.
462462 (b) The department shall issue a temporary commercial
463463 driver's license to an applicant who is not a citizen or legal
464464 permanent resident of the United States and has temporary lawful
465465 status in the United States. [An applicant must surrender any
466466 nonresident commercial driver's license issued by another state.]
467467 (c) The department may require each applicant for an
468468 original, renewal, or duplicate license issued under this section
469469 to furnish to the department the information required by Section
470470 521.142. [Before issuing a nonresident commercial driver's
471471 license, the department must establish the practical capability of
472472 disqualifying the person under the conditions applicable to a
473473 commercial driver's license issued to a resident of this state.]
474474 (d) A license issued under this section must be
475475 distinctively marked ["Nonresident" must appear] on the face of the
476476 [a] license [issued under this section].
477477 (e) The department may issue a temporary nonresident
478478 commercial driver's license to a person who does not present a
479479 social security card as required by Section 522.021(a-1)(1) but who
480480 otherwise meets the requirements for a temporary [nonresident]
481481 commercial driver's license, including the requirement that the
482482 commercial motor vehicle testing and licensing standards of the
483483 country of which the applicant is a resident not meet the testing
484484 and licensing standards established by 49 C.F.R. Part 383. A
485485 license issued under this subsection:
486486 (1) expires on the earlier of:
487487 (A) the 60th day after the date the license is
488488 issued;
489489 (B) the expiration date of the visa presented
490490 under Section 522.021(a-1)(2)(B); or
491491 (C) the expiration date of the Form I-94
492492 Arrival/Departure record, or a successor document, presented under
493493 Section 522.021(a-1)(2)(C); and
494494 (2) may not be renewed.
495495 (g) A temporary commercial driver's license expires:
496496 (1) the expiration of the applicant's authorized period of stay in
497497 the United States as determined by the United States agency
498498 responsible for citizenship and immigration in compliance with
499499 federal law; or
500500 (2) one year from the issuance date if there is no definite
501501 end to the period of authorized stay as determined by the United
502502 States agency responsible for citizenship and immigration in
503503 compliance with federal law.
504504 (h) A temporary commercial driver's license cannot be
505505 issued for a term longer than maximum term of a commercial driver's
506506 license issued under this chapter.
507507 SECTION 1.20. Sections 522.021(a), (c), and (d),
508508 Transportation Code, are amended to read as follows:
509509 (a) An application for a commercial driver's license or
510510 commercial driver learner's license [permit] must include:
511511 (1) the full legal name and current principal
512512 residence and mailing address of the applicant;
513513 (2) a physical description of the applicant, including
514514 gender [sex], height, and eye color;
515515 (3) the applicant's date of birth;
516516 (4) the applicant's social security number, unless the
517517 application is for a temporary nonresident commercial driver's
518518 license and the applicant is a resident of a foreign jurisdiction;
519519 (5) certifications, including those required by 49
520520 C.F.R. Section 383.71(a); and
521521 (6) any other information required by the department.
522522 (c) The application must meet the requirements of an
523523 application under Sections [Section] 521.141 and 521.142 and must
524524 be accompanied by the fee required under Section 522.029. The
525525 department may require documentary evidence to verify the
526526 information required by Subsection (a).
527527 (d) A person who knowingly falsifies information or a
528528 certification required by Subsection (a) commits an offense and is
529529 subject to a 60-day cancellation of the person's commercial
530530 driver's license, commercial driver learner's license [permit], or
531531 application. An offense under this subsection is a Class C
532532 misdemeanor.
533533 SECTION 1.21. Section 522.022, Transportation Code, is
534534 amended to read as follows:
535535 Sec. 522.022. LICENSE REQUIREMENTS. The department may not
536536 issue a commercial driver's license other than a temporary
537537 nonresident license to a person unless the person:
538538 (1) has a domicile in this state;
539539 (2) has passed knowledge and skills tests for driving
540540 a commercial motor vehicle that comply with minimal federal
541541 standards established by 49 C.F.R. Part 383, Subparts G and H; and
542542 (3) has satisfied the requirements imposed by the
543543 federal act, federal regulation, or state law.
544544 SECTION 1.22. Section 522.029, Transportation Code, is
545545 amended to read as follows:
546546 Sec. 522.029. FEES. (a) The fee for a commercial driver's
547547 license or commercial driver learner's license [permit] issued by
548548 the department is $60, except as provided by Subsections (f), (h),
549549 [and] (j), (k), (l), and (m).
550550 (b) The fee for a commercial driver's license or commercial
551551 driver learner's license [permit] shall be reduced by $4 for each
552552 remaining year of validity of a driver's license, other than a
553553 commercial driver's license or commercial driver learner's license
554554 [permit] issued by the department to the applicant.
555555 (c) The fee for a duplicate commercial driver's license or
556556 commercial driver learner's license [permit] is $10.
557557 (d) An applicant who is changing a class of license,
558558 endorsement, or restriction or who is adding a class of vehicle
559559 other than a motorcycle to the license must pay a fee of $10 for the
560560 examination, except for a renewal or original issuance of a
561561 commercial driver's license.
562562 (e) The fees required by this chapter and collected by an
563563 officer or agent of the department shall be remitted without
564564 deduction to the department.
565565 (f) The fee for renewal of a commercial driver's license or
566566 a commercial driver learner's license [permit] that includes
567567 authorization to operate a motorcycle is $45.
568568 (f-1) [(f)] If a commercial driver's license or commercial
569569 driver learner's license [permit] includes an authorization to
570570 operate a motorcycle or moped, the fee for the driver's license or
571571 learner's license [permit] is increased by $8.
572572 (g) An applicant who is applying for additional
573573 authorization to operate a motorcycle shall pay a fee of $15 for the
574574 examination.
575575 (h) The fee for a commercial driver's license or commercial
576576 driver learner's license [permit] issued under Section 522.033 is
577577 $20.
578578 (i) Except as provided by Section 662.011, each fee
579579 collected under this section shall be deposited to the credit of the
580580 Texas mobility fund.
581581 (j) The fee for issuance or renewal of a commercial driver's
582582 license or commercial driver learner's license [permit] is $25 for
583583 a license with an expiration date established under Section
584584 522.054.
585585 (k) The fee for a commercial driver's license issued in
586586 compliance with federal law to a person who is not a citizen or
587587 legal permanent resident of the United States and that is not valid
588588 for more than one year is $50.
589589 (l) The fee for a temporary commercial driver's license that
590590 is valid for more than one year is $50 for the first year and $25 for
591591 each additional year or portion of a year.
592592 (m) The fee for a temporary nonresident commercial driver's
593593 license is $50.
594594 [(j) The fee for a nonresident commercial driver's license
595595 is $120. The fee for a temporary nonresident commercial driver's
596596 license is $20.]
597597 SECTION 1.23. Section 522.030, Transportation Code, is
598598 amended to read as follows:
599599 Sec. 522.030. CONTENT OF LICENSE. A commercial driver's
600600 license must:
601601 (1) be marked "Commercial Driver License" or "CDL";
602602 (2) be, to the extent practicable, tamper-proof; and
603603 (3) include:
604604 (A) the full legal name and mailing address of
605605 the person to whom it is issued;
606606 (B) the person's digital [color] photograph;
607607 (C) a physical description of the person,
608608 including gender [sex], height, and eye color;
609609 (D) the person's date of birth;
610610 (E) a number or identifier the department
611611 considers appropriate;
612612 (F) the person's signature;
613613 (G) each class of commercial motor vehicle that
614614 the person is authorized to drive, with any endorsements or
615615 restrictions;
616616 (H) the name of this state; and
617617 (I) the dates between which the license is valid.
618618 SECTION 1.24. Section 522.033, Transportation Code, is
619619 amended to read as follows:
620620 Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
621621 SEX OFFENDERS. (a) The department may issue an original or
622622 renewal commercial driver's license or commercial driver learner's
623623 license, including a temporary commercial driver's license or
624624 temporary commercial driver learner's license, [permit] to a person
625625 whose driver's license or [personal] identification card
626626 [certificate] record indicates that the person is subject to the
627627 registration requirements of Chapter 62, Code of Criminal
628628 Procedure, only if the person is otherwise eligible for the
629629 commercial driver's license or commercial driver learner's license
630630 [permit] and:
631631 (1) applies in person for the issuance of a license or
632632 learner's license [permit] under this section; and
633633 (2) pays a fee of $50.
634634 (b) Notwithstanding Section 522.051, a commercial driver's
635635 license or commercial driver learner's license [permit] issued
636636 under this section, including a renewal, duplicate, or corrected
637637 license, expires:
638638 (1) if the license holder is a citizen or legal
639639 permanent resident of the United States, on the first birthday of
640640 the license holder occurring after the date of application, except
641641 that the initial license issued under this section expires on the
642642 second birthday of the license holder occurring after the date of
643643 application; or
644644 (2) if the applicant is not a citizen or legal
645645 permanent resident of the United States:
646646 (A) the expiration of the applicant's authorized
647647 stay in the United States; or
648648 (B) one year from the issuance date if there is no
649649 definite expiration date for the authorized stay in the United
650650 States.
651651 SECTION 1.25. The heading to Section 522.051,
652652 Transportation Code, is amended to read as follows:
653653 Sec. 522.051. EXPIRATION OF LICENSE OR LEARNER'S LICENSE
654654 [PERMIT].
655655 SECTION 1.26. Section 522.051(a), Transportation Code, as
656656 amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of the
657657 80th Legislature, Regular Session, 2007, is reenacted and amended
658658 to read as follows:
659659 (a) Except as provided by Subsection (f) and Sections
660660 522.013(e), [and] 522.033, and 522.054, an original commercial
661661 driver's license or commercial driver learner's license [permit]
662662 expires:
663663 (1) on the fifth anniversary of [five years after] the
664664 applicant's next birthday if the license holder is a citizen or
665665 legal permanent resident of the United States; or
666666 (2) if the applicant is not a citizen or legal
667667 permanent resident of the United States:
668668 (A) the expiration of the applicant's authorized
669669 stay in the United States; or
670670 (B) one year from the issuance date if there is no
671671 definite expiration date for the authorized stay in the United
672672 States.
673673 SECTION 1.27. Section 522.051, Transportation Code, is
674674 amended by amending Subsections (b), (c), and (d) and adding
675675 Subsection (g) to read as follows:
676676 (b) Except as provided by Section 522.054, a commercial
677677 driver's license or commercial driver learner's license [permit]
678678 issued to a person holding a Texas Class A, B, C, or M license that
679679 would expire one year or more after the date of issuance of the
680680 commercial driver's license or commercial driver learner's license
681681 [permit] expires:
682682 (1) on the fifth anniversary of [five years after] the
683683 applicant's next birthday if the license holder is a citizen or a
684684 legal permanent resident of the United States; or
685685 (2) if the applicant is not a citizen or legal
686686 permanent resident of the United States:
687687 (A) the expiration of the applicant's authorized
688688 stay in the United States; or
689689 (B) one year from the issuance date if there is no
690690 definite expiration date for the authorized stay in the United
691691 States.
692692 (c) Except as provided by Section 522.054, a commercial
693693 driver's license or commercial driver learner's license [permit]
694694 issued to a person holding a Texas Class A, B, C, or M license that
695695 would expire less than one year after the date of issuance of the
696696 commercial driver's license or commercial driver learner's license
697697 [permit] or that has been expired for less than one year expires:
698698 (1) on the fifth anniversary of [five years after] the
699699 expiration date shown on the Class A, B, C, or M license if the
700700 license holder is a citizen or legal permanent resident of the
701701 United States; or
702702 (2) if the applicant is not a citizen or legal
703703 permanent resident of the United States:
704704 (A) the expiration of the applicant's authorized
705705 stay in the United States; or
706706 (B) one year from the issuance date if there is no
707707 definite expiration date for the authorized stay in the United
708708 States.
709709 (d) Except as provided by Section 522.054, a commercial
710710 driver's license or commercial driver learner's license [permit]
711711 issued to a person holding a Texas Class A, B, C, or M license that
712712 has been expired for at least one year but not more than two years
713713 expires:
714714 (1) on the fifth anniversary of [five years after] the
715715 applicant's last birthday if the license holder is a citizen or
716716 legal permanent resident of the United States; or
717717 (2) if the applicant is not a citizen or legal
718718 permanent resident of the United States:
719719 (A) the expiration of the applicant's authorized
720720 stay in the United States; or
721721 (B) one year from the issuance date if there is no
722722 definite expiration date for the authorized stay in the United
723723 States.
724724 (g) The department may require the renewal of a license
725725 before its expiration if the renewal is necessary to ensure
726726 compliance with federal law in the systematic conversion of
727727 driver's licenses.
728728 SECTION 1.28 Sections 522.052(b), (c), and (e),
729729 Transportation Code, are amended to read as follows:
730730 (b) Except as provided by Section 522.054, a renewal of a
731731 commercial driver's license that has been expired for less than one
732732 year expires:
733733 (1) on the fifth anniversary of [five years after] the
734734 expiration date shown on the commercial driver's license if the
735735 license holder is a citizen or legal permanent resident of the
736736 United States; or
737737 (2) if the applicant is not a citizen or legal
738738 permanent resident of the United States:
739739 (A) the expiration of the applicant's authorized
740740 stay in the United States; or
741741 (B) one year from the issuance date if there is no
742742 definite expiration date for the authorized stay in the United
743743 States.
744744 (c) Except as provided by Section 522.054, a renewal of a
745745 commercial driver's license that has been expired for at least one
746746 year but not more than two years expires:
747747 (1) on the sixth anniversary of [six years after] the
748748 applicant's last birthday if the license holder is a citizen or
749749 legal permanent resident of the United States; or
750750 (2) if the applicant is not a citizen or legal
751751 permanent resident of the United States:
752752 (A) the expiration of the applicant's authorized
753753 stay in the United States; or
754754 (B) one year from the issuance date if there is no
755755 definite expiration date for the authorized stay in the United
756756 States.
757757 (e) A commercial driver learner's license [permit] may not
758758 be renewed.
759759 ARTICLE 2. CONFORMING AMENDMENTS
760760 SECTION 2.01. Article 62.005(c), Code of Criminal
761761 Procedure, is amended to read as follows:
762762 (c) Notwithstanding Chapter 730, Transportation Code, the
763763 department shall maintain in the database, and shall post on any
764764 department website related to the database, any photograph of the
765765 person that is available through the process for obtaining or
766766 renewing an [a personal] identification card [certificate] or
767767 driver's license under Section 521.103 or 521.272, Transportation
768768 Code. The department shall update the photograph in the database
769769 and on the website annually or as the photograph otherwise becomes
770770 available through the renewal process for the card [certificate] or
771771 license.
772772 SECTION 2.02. Article 62.006, Code of Criminal Procedure,
773773 is amended to read as follows:
774774 Art. 62.006. INFORMATION PROVIDED TO PEACE OFFICER ON
775775 REQUEST. The department shall establish a procedure by which a
776776 peace officer or employee of a law enforcement agency who provides
777777 the department with a driver's license number, [personal]
778778 identification card [certificate] number, or license plate number
779779 is automatically provided information as to whether the person to
780780 whom the driver's license or [personal] identification card
781781 [certificate] is issued is required to register under this chapter
782782 or whether the license plate number is entered in the computerized
783783 central database under Article 62.005 as assigned to a vehicle
784784 owned or driven by a person required to register under this chapter.
785785 SECTION 2.03. Article 42.016, Code of Criminal Procedure,
786786 is amended to read as follows:
787787 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
788788 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
789789 of, receives a grant of deferred adjudication for, or is
790790 adjudicated as having engaged in delinquent conduct based on a
791791 violation of an offense for which a conviction or adjudication
792792 requires registration as a sex offender under Chapter 62, the court
793793 shall:
794794 (1) issue an order requiring the Texas Department of
795795 Public Safety to include in any driver's license record or
796796 [personal] identification card [certificate] record maintained by
797797 the department for the person an indication that the person is
798798 subject to the registration requirements of Chapter 62;
799799 (2) require the person to apply to the Texas
800800 Department of Public Safety in person for an original or renewal
801801 driver's license or [personal] identification card [certificate]
802802 not later than the 30th day after the date the person is released or
803803 the date the department sends written notice to the person of the
804804 requirements of Article 62.060, as applicable, and to annually
805805 renew the license or identification card [certificate];
806806 (3) notify the person of the consequence of the
807807 conviction or order of deferred adjudication as it relates to the
808808 order issued under this article; and
809809 (4) send to the Texas Department of Public Safety a
810810 copy of the record of conviction, a copy of the order granting
811811 deferred adjudication, or a copy of the juvenile adjudication, as
812812 applicable, and a copy of the order issued under this article.
813813 SECTION 2.04. Article 62.053(a), Code of Criminal
814814 Procedure, is amended to read as follows:
815815 (a) Before a person who will be subject to registration
816816 under this chapter is due to be released from a penal institution,
817817 the Texas Department of Criminal Justice or the Texas Youth
818818 Commission shall determine the person's level of risk to the
819819 community using the sex offender screening tool developed or
820820 selected under Article 62.007 and assign to the person a numeric
821821 risk level of one, two, or three. Before releasing the person, an
822822 official of the penal institution shall:
823823 (1) inform the person that:
824824 (A) not later than the later of the seventh day
825825 after the date on which the person is released or after the date on
826826 which the person moves from a previous residence to a new residence
827827 in this state or not later than the later of the first date the
828828 applicable local law enforcement authority by policy allows the
829829 person to register or verify registration, the person
830830 must register or verify registration with the local law
831831 enforcement authority in the municipality or county in which the
832832 person intends to reside;
833833 (B) not later than the seventh day after the date
834834 on which the person is released or the date on which the person
835835 moves from a previous residence to a new residence in this state,
836836 the person must, if the person has not moved to an intended
837837 residence, report to the juvenile probation officer, community
838838 supervision and corrections department officer, or parole officer
839839 supervising the person;
840840 (C) not later than the seventh day before the
841841 date on which the person moves to a new residence in this state or
842842 another state, the person must report in person to the local law
843843 enforcement authority designated as the person's primary
844844 registration authority by the department and to the juvenile
845845 probation officer, community supervision and corrections
846846 department officer, or parole officer supervising the person;
847847 (D) not later than the 10th day after the date on
848848 which the person arrives in another state in which the person
849849 intends to reside, the person must register with the law
850850 enforcement agency that is identified by the department as the
851851 agency designated by that state to receive registration
852852 information, if the other state has a registration requirement for
853853 sex offenders;
854854 (E) not later than the 30th day after the date on
855855 which the person is released, the person must apply to the
856856 department in person for the issuance of an original or renewal
857857 driver's license or [personal] identification card [certificate]
858858 and a failure to apply to the department as required by this
859859 paragraph results in the automatic revocation of any driver's
860860 license or [personal] identification card [certificate] issued by
861861 the department to the person; and
862862 (F) the person must notify appropriate entities
863863 of any change in status as described by Article 62.057;
864864 (2) require the person to sign a written statement
865865 that the person was informed of the person's duties as described by
866866 Subdivision (1) or Subsection (g) or, if the person refuses to sign
867867 the statement, certify that the person was so informed;
868868 (3) obtain the address where the person expects to
869869 reside on the person's release and other registration information,
870870 including a photograph and complete set of fingerprints; and
871871 (4) complete the registration form for the person.
872872 SECTION 2.05. Article 62.060, Code of Criminal Procedure,
873873 is amended to read as follows:
874874 Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
875875 [PERSONAL] IDENTIFICATION CARD [CERTIFICATE]. (a) A person
876876 subject to registration under this chapter shall apply to the
877877 department in person for the issuance of, as applicable, an
878878 original or renewal driver's license under Section 521.272,
879879 Transportation Code, an original or renewal [personal]
880880 identification card [certificate] under Section 521.103,
881881 Transportation Code, or an original or renewal commercial driver's
882882 license or commercial driver learner's license [permit] under
883883 Section 522.033, Transportation Code, not later than the 30th day
884884 after the date:
885885 (1) the person is released from a penal institution or
886886 is released by a court on community supervision or juvenile
887887 probation; or
888888 (2) the department sends written notice to the person
889889 of the requirements of this article.
890890 (b) The person shall annually renew in person each driver's
891891 license or [personal] identification card [certificate] issued by
892892 the department to the person, including each renewal, duplicate, or
893893 corrected license or card [certificate], until the person's duty to
894894 register under this chapter expires.
895895 SECTION 2.06. Section 1956.062(c), Occupations Code, is
896896 amended to read as follows:
897897 (c) The dealer shall record the proposed seller's driver's
898898 license number or department [personal] identification card
899899 [certificate] number on physical presentation of the license or
900900 [personal] identification card [certificate] by the seller. The
901901 record must accompany the list.
902902 SECTION 2.07. Section 12.114, Parks and Wildlife Code, is
903903 amended to read as follows:
904904 Sec. 12.114. DRIVER'S LICENSE OR [PERSONAL] IDENTIFICATION
905905 CARD [CERTIFICATE] REQUIRED. (a) A person who is 17 years of age or
906906 older and who has a license or permit issued under this code or who
907907 is engaging in an activity that requires a license or permit shall
908908 have a driver's license or [personal] identification card
909909 [certificate] in the person's immediate possession.
910910 (b) If the person is a resident as defined by Subdivision
911911 (1) of Section 42.001 of this code, "driver's license" and
912912 "[personal] identification card [certificate]" have the meanings
913913 assigned by Chapter 521, Transportation Code.
914914 (c) If the person is a nonresident as defined by Section
915915 42.001, "driver's license" and "[personal] identification card
916916 [certificate]" mean those documents that are similar to those
917917 defined in Subsection (b) and that are issued by the agency in the
918918 state or country of which the person is a resident that is
919919 authorized to issue driver's licenses or [personal] identification
920920 cards [certificates].
921921 SECTION 2.08. Section 12.115(a), Parks and Wildlife Code,
922922 is amended to read as follows:
923923 (a) A person who is arrested for an alleged violation of
924924 this code or a proclamation or regulation adopted under this code
925925 commits an offense if the person:
926926 (1) does not have in his immediate possession a
927927 driver's license or [personal] identification card [certificate]
928928 required by Section 12.114 of this code; or
929929 (2) fails or refuses to display the driver's license or
930930 [personal] identification card [certificate] required by Section
931931 12.114 of this code when requested to do so by any peace officer,
932932 game warden, magistrate, or officer of a court of competent
933933 jurisdiction.
934934 SECTION 2.09. Section 12.116(a), Parks and Wildlife Code,
935935 is amended to read as follows:
936936 (a) If a person is convicted in justice court for violating
937937 a provision of this code or a proclamation or regulation adopted
938938 under this code that provides enhanced penalties for subsequent
939939 convictions, the court on request shall submit to the department an
940940 affidavit certifying the conviction. The affidavit must include
941941 the driver's license number or [personal] identification card
942942 [certificate] number obtained from the violator.
943943 SECTION 2.10. The heading to Subtitle B, Title 7,
944944 Transportation Code, is amended to read as follows:
945945 SUBTITLE B. DRIVER'S LICENSES AND [PERSONAL] IDENTIFICATION CARDS
946946 SECTION 2.11. Section 502.1715(b), Transportation Code, is
947947 amended to read as follows:
948948 (b) Fees collected under this section shall be deposited to
949949 the credit of the state highway fund. Subject to appropriations,
950950 the money shall be used by the Department of Public Safety to:
951951 (1) support the Department of Public Safety's
952952 reengineering of the driver's license system to provide for the
953953 issuance by the Department of Public Safety of a driver's license or
954954 [personal] identification card [certificate], to include use of
955955 image comparison technology;
956956 (2) establish and maintain a system to support the
957957 driver responsibility program under Chapter 708; and
958958 (3) make lease payments to the master lease purchase
959959 program for the financing of the driver's license reengineering
960960 project.
961961 SECTION 2.12. Sections 521.054(a), (b), and (c),
962962 Transportation Code, are amended to read as follows:
963963 (a) This section applies to a person who:
964964 (1) after applying for the driver's license or
965965 identification card [certificate] moves from the address stated in
966966 the person's application for a license or identification card
967967 [certificate];
968968 (2) moves from the address shown on the license or
969969 identification card [certificate] held by the person; or
970970 (3) changes the person's name by marriage or
971971 otherwise.
972972 (b) A person subject to this section shall notify the
973973 department of the change not later than the 30th day after the date
974974 on which the change takes effect and apply for a duplicate license
975975 or identification card [certificate] as provided by Section
976976 521.146.
977977 (c) A person changing the person's address shall notify the
978978 department of the old and new addresses and the number of the
979979 license or identification card [certificate] held by the person. A
980980 person changing the person's name shall notify the department of
981981 the former and new names and the number of the license or
982982 identification card [certificate] held by the person.
983983 SECTION 2.13. Section 521.057, Transportation Code, is
984984 amended to read as follows:
985985 Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
986986 (a) On receipt of a court order issued under Article 42.016, Code
987987 of Criminal Procedure, the department shall ensure that any
988988 driver's license record or [personal] identification card
989989 [certificate] record maintained by the department for the person
990990 includes an indication that the person is subject to the
991991 registration requirements of Chapter 62, Code of Criminal
992992 Procedure[, as added by Chapter 668, Acts of the 75th Legislature,
993993 Regular Session, 1997].
994994 (b) The department shall include the indication required by
995995 Subsection (a) in any driver's license record or [personal]
996996 identification card [certificate] record maintained by the
997997 department for the person until the expiration of the person's duty
998998 to register under Chapter 62, Code of Criminal Procedure[, as added
999999 by Chapter 668, Acts of the 75th Legislature, Regular Session,
10001000 1997].
10011001 SECTION 2.14. Section 521.059(b), Transportation Code, is
10021002 amended to read as follows:
10031003 (b) The department shall authenticate the facial image and
10041004 thumbprints or fingerprints provided by an applicant for an [a
10051005 personal] identification card [certificate], driver's license, or
10061006 commercial driver's license or learner's license [permit] using
10071007 image comparison technology to ensure that the applicant:
10081008 (1) is issued only one original license[, permit,] or
10091009 identification card [certificate];
10101010 (2) does not fraudulently obtain a duplicate license[,
10111011 permit,] or identification card [certificate]; and
10121012 (3) does not commit other fraud in connection with the
10131013 application for a license[, permit,] or identification card
10141014 [certificate].
10151015 SECTION 2.15. Sections 521.126(a), (b), and (e) through
10161016 (i), Transportation Code, are amended to read as follows:
10171017 (a) The department may not include any information on a
10181018 driver's license, commercial driver's license, or [personal]
10191019 identification card [certificate] in an electronically readable
10201020 form other than the information printed on the license and a
10211021 physical description of the license holder [licensee].
10221022 (b) Except as provided by Subsections (d), (e), (g), (i),
10231023 and (j), a person commits an offense if the person:
10241024 (1) accesses or uses electronically readable
10251025 information derived from a driver's license, commercial driver's
10261026 license, or [personal] identification card [certificate]; or
10271027 (2) compiles or maintains a database of electronically
10281028 readable information derived from driver's licenses, commercial
10291029 driver's licenses, or [personal] identification card
10301030 [certificates].
10311031 (e) The prohibition provided by Subsection (b)(1) does not
10321032 apply to a financial institution or a business if the information is
10331033 accessed and used only for purposes of identification verification
10341034 of an individual or check verification at the point of sale for a
10351035 purchase of a good or service by check. The prohibition provided
10361036 by Subsection (b)(2) does not apply to a financial institution if
10371037 each license or identification card [certificate] holder whose
10381038 information is included in the compilation or database consents to
10391039 the inclusion of the person's information in the compilation or
10401040 database. Consent under this subsection must be on a separate
10411041 document, signed by the license or identification card
10421042 [certificate] holder, that explains in at least 14-point bold type
10431043 the information that will be included in the compilation or
10441044 database. For the purposes of this subsection, "financial
10451045 institution" has the meaning assigned by 31 U.S.C. Section
10461046 5312(a)(2), as amended.
10471047 (f) A person may not use information derived from
10481048 electronically readable information from a driver's license,
10491049 commercial driver's license, or [personal] identification card
10501050 [certificate] to engage in telephone solicitation to encourage the
10511051 purchase or rental of, or investment in, goods, other property, or
10521052 services.
10531053 (g) If authorized by the executive or administrative head of
10541054 a maritime facility as defined in the Maritime Transportation
10551055 Security Act of 2002 (46 U.S.C. Section 70101 et seq.), or of a
10561056 port, port authority, or navigation district created or operating
10571057 under Section 52, Article III, or Section 59, Article XVI, Texas
10581058 Constitution, a person may access, use, compile, or maintain in a
10591059 database electronically readable information derived from a
10601060 driver's license, commercial driver's license, or [personal]
10611061 identification card [certificate] to secure the facility or port.
10621062 The information may be used only to:
10631063 (1) identify an individual;
10641064 (2) provide official credentials for an individual;
10651065 (3) track or limit the movement of an individual on
10661066 facility property;
10671067 (4) establish a secure database of visitors to the
10681068 facility;
10691069 (5) access the information at terminal and gate
10701070 operations of the facility; or
10711071 (6) conduct other security or operational activities
10721072 as determined by the executive or administrative head.
10731073 (h) Except as provided by Section 418.183, Government Code,
10741074 the electronically readable information derived from a driver's
10751075 license, commercial driver's license, or [personal] identification
10761076 card [certificate] for the purposes of Subsection (g) is
10771077 confidential and not subject to disclosure, inspection, or copying
10781078 under Chapter 552, Government Code.
10791079 (i) The prohibition provided by Subsection (b) does not
10801080 apply to a hospital that accesses, uses, compiles, or maintains a
10811081 database of the information to provide health care services to the
10821082 individual who holds the driver's license, commercial driver's
10831083 license, or [personal] identification card [certificate].
10841084 SECTION 2.16. Section 521.146, Transportation Code, is
10851085 amended to read as follows:
10861086 Sec. 521.146. APPLICATION FOR DUPLICATE LICENSE OR
10871087 IDENTIFICATION CARD [CERTIFICATE]. (a) If a driver's license or
10881088 identification card [certificate] issued under this chapter is lost
10891089 or destroyed, or there is a change in pertinent information, the
10901090 person to whom the license or identification card [certificate] was
10911091 issued may obtain a duplicate or corrected version.
10921092 (b) An applicant for a corrected driver's license or
10931093 identification card [certificate] must submit to the department the
10941094 required fee, accompanied by the required information that has
10951095 changed with proof satisfactory to the department that supports the
10961096 change.
10971097 (c) The department by rule may provide that the holder of a
10981098 driver's license or identification card [certificate] issued by the
10991099 department may apply for the issuance of a duplicate license or
11001100 identification card [certificate] by mail, by telephone, over the
11011101 Internet, or by other electronic means.
11021102 (d) A rule adopted under Subsection (c) may prescribe
11031103 eligibility standards for issuance of a duplicate driver's license
11041104 or identification card [certificate] under this section.
11051105 SECTION 2.17. Section 521.147(a), Transportation Code, is
11061106 amended to read as follows:
11071107 (a) The department shall develop by rule a selective service
11081108 consent statement as a part of the application for an original,
11091109 renewal, or duplicate driver's license or [personal]
11101110 identification card [certificate]. The consent statement must
11111111 include a place to indicate consent or declination to register with
11121112 the United States Selective Service System and must state the
11131113 benefits and penalties associated with consent or declination to
11141114 register. The department shall present the statement to each
11151115 applicant who is subject to registration with the Selective Service
11161116 System and record the applicant's response. A response is required
11171117 to complete the application for a license or identification card
11181118 [certificate] for such an applicant. The department shall forward
11191119 to the Selective Service System, in an electronic format, only the
11201120 information necessary for registration of an applicant consenting
11211121 to registration.
11221122 SECTION 2.18. Section 521.223(d), Transportation Code, is
11231123 amended to read as follows:
11241124 (d) If the department determines that an applicant must
11251125 assist in the responsibilities imposed by a family illness,
11261126 disability, death-related emergency, or economic emergency, it may
11271127 waive the driver training course requirement [and may issue a
11281128 temporary license]. [A temporary license issued under this
11291129 subsection is valid for 60 days after the date of issuance and may
11301130 be renewed for additional 60-day periods as long as the condition
11311131 continues.]
11321132 SECTION 2.19. The heading to Section 521.275,
11331133 Transportation Code, is amended to read as follows:
11341134 Sec. 521.275. CHANGE OF DRIVER'S LICENSE OR [PERSONAL]
11351135 IDENTIFICATION CARD [CERTIFICATE] NUMBER.
11361136 SECTION 2.20. Sections 521.275(a) and (c), Transportation
11371137 Code, are amended to read as follows:
11381138 (a) The department shall issue to a person a new driver's
11391139 license number or [personal] identification card [certificate]
11401140 number on the person's showing a court order stating that the person
11411141 has been the victim of domestic violence.
11421142 (c) Except as provided by Sections 521.049(c), 730.005, and
11431143 730.006, the department may not disclose:
11441144 (1) the changed license or identification card
11451145 [certificate] number; or
11461146 (2) the person's name or any former name.
11471147 SECTION 2.21. Sections 521.401(b) and (d), Transportation
11481148 Code, are amended to read as follows:
11491149 (b) The statement of gift may be shown on a donor's driver's
11501150 license or [personal] identification card [certificate] or by a
11511151 card designed to be carried by the donor to evidence the donor's
11521152 intentions with respect to organ, tissue, and eye donation. A
11531153 donor card signed by the donor shall be given effect as if executed
11541154 pursuant to Section 692.003(d), Health and Safety Code.
11551155 (d) An affirmative statement of gift on a person's driver's
11561156 license or [personal] identification card [certificate] executed
11571157 after August 31, 2005, shall be conclusive evidence of a decedent's
11581158 status as a donor and serve as consent for organ, tissue, and eye
11591159 removal.
11601160 SECTION 2.22. Section 521.402(a), Transportation Code, is
11611161 amended to read as follows:
11621162 (a) To revoke an affirmative statement of gift on a person's
11631163 driver's license or [personal] identification card [certificate],
11641164 a person must apply to the department for an amendment to the
11651165 license or identification card [certificate].
11661166 SECTION 2.23. Section 521.403, Transportation Code, is
11671167 amended to read as follows:
11681168 Sec. 521.403. INFORMATION PROVIDED TO HOSPITAL. The donor
11691169 card of a person who is involved in an accident or other trauma
11701170 shall accompany the person to the hospital or other health care
11711171 facility. The driver's license or [personal] identification card
11721172 [certificate] indicating an affirmative statement of gift of a
11731173 person who is involved in an accident or other trauma shall
11741174 accompany the person to the hospital or health care facility if the
11751175 person does not have a donor card.
11761176 SECTION 2.24. Section 521.422, Transportation Code, is
11771177 amended to read as follows:
11781178 Sec. 521.422. [PERSONAL] IDENTIFICATION CARD [CERTIFICATE]
11791179 FEE. (a) The fee for an [a personal] identification card
11801180 [certificate] is:
11811181 (1) $15 for a person under 60 years of age;
11821182 (2) $5 for a person 60 years of age or older; and
11831183 (3) $20 for a person subject to the registration
11841184 requirements under Chapter 62, Code of Criminal Procedure.
11851185 (b) The department shall collect an additional fee of $1 for
11861186 the issuance or renewal of an [a personal] identification card to
11871187 fund the Blindness Education, Screening, and Treatment Program
11881188 established under Section 91.027, Human Resources Code, if the
11891189 person applying for or renewing an [a personal] identification card
11901190 opts to pay the additional fee.
11911191 (c) The department shall collect an additional fee of $1 for
11921192 the issuance or renewal of an [a personal] identification card,
11931193 including a duplicate [personal] identification card or an [a
11941194 personal] identification card issued or renewed over the Internet
11951195 or by other electronic means, to pay the costs of the Donor
11961196 Education, Awareness, and Registry Program of Texas, established
11971197 under Chapter 49, Health and Safety Code, and, subject to Section
11981198 113.104, Health and Safety Code, of the Texas Organ, Tissue, and Eye
11991199 Donor Council, established under Chapter 113, Health and Safety
12001200 Code, if the person applying for or renewing an [a personal]
12011201 identification card opts to pay the additional fee. The department
12021202 shall remit fees collected under this subsection to the
12031203 comptroller, who shall maintain the identity of the source of the
12041204 fees. Subject to appropriation, the department may retain three
12051205 percent of the money collected under this subsection to cover the
12061206 costs in administering this subsection.
12071207 SECTION 2.25. Section 521.424, Transportation Code, is
12081208 amended to read as follows:
12091209 Sec. 521.424. DUPLICATE LICENSE OR IDENTIFICATION CARD
12101210 [CERTIFICATE] FEE. The fee for a duplicate driver's license or
12111211 duplicate [personal] identification card [certificate] is $10.
12121212 SECTION 2.26. Sections 521.453(a), (b), (c), (f), and (g),
12131213 Transportation Code, are amended to read as follows:
12141214 (a) Except as provided by Subsection (f), a person under the
12151215 age of 21 years commits an offense if the person possesses, with the
12161216 intent to represent that the person is 21 years of age or older, a
12171217 document that is deceptively similar to a driver's license or an [a
12181218 personal] identification card [certificate] unless the document
12191219 displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally
12201220 printed clearly and indelibly on both the front and back of the
12211221 document in solid red capital letters at least one-fourth inch in
12221222 height.
12231223 (b) For purposes of this section, a document is deceptively
12241224 similar to a driver's license or [personal] identification card
12251225 [certificate] if a reasonable person would assume that it was
12261226 issued by the department, another agency of this state, another
12271227 state, or the United States.
12281228 (c) A peace officer listed in Article 2.12, Code of Criminal
12291229 Procedure, may confiscate a document that:
12301230 (1) is deceptively similar to a driver's license or
12311231 [personal] identification card [certificate]; and
12321232 (2) does not display the statement required under
12331233 Subsection (a).
12341234 (f) Subsection (a) does not apply to:
12351235 (1) a government agency, office, or political
12361236 subdivision that is authorized to produce or sell [personal]
12371237 identification card [certificates]; or
12381238 (2) a person that provides a document similar to an [a
12391239 personal] identification card [certificate] to an employee of the
12401240 person for a business purpose.
12411241 (g) In this section:
12421242 (1) "Driver's license" includes a driver's license
12431243 issued by another state or by the United States.
12441244 (2) "Identification card [Personal identification
12451245 certificate]" means an [a personal] identification card
12461246 [certificate] issued by the department, by another agency of this
12471247 state, by another state, or by the United States.
12481248 SECTION 2.27. Section 521.454(a), Transportation Code, is
12491249 amended to read as follows:
12501250 (a) A person commits an offense if the person knowingly
12511251 swears to or affirms falsely before a person authorized to take
12521252 statements under oath any matter, information, or statement
12531253 required by the department in an application for an original,
12541254 renewal, or duplicate driver's license or identification card
12551255 [certificate] issued under this chapter.
12561256 SECTION 2.28. Section 521.456(d), Transportation Code, is
12571257 amended to read as follows:
12581258 (d) For purposes of this section, "instrument" means a
12591259 driver's license, driver's license form, [personal] identification
12601260 card [certificate], stamp, permit, license, official signature,
12611261 certificate, evidence of fee payment, or any other instrument.
12621262 SECTION 2.29. Section 522.003(4), Transportation Code, is
12631263 amended to read as follows:
12641264 (4) "Commercial driver learner's license [permit]
12651265 "means a commercial driver's license that restricts the holder to
12661266 driving a commercial motor vehicle as provided by Section
12671267 522.011(a)(2)(B).
12681268 SECTION 2.30. The heading to Section 522.011,
12691269 Transportation Code, is amended to read as follows:
12701270 Sec. 522.011. LICENSE [OR PERMIT] REQUIRED; OFFENSE.
12711271 SECTION 2.31. Section 522.011(a), Transportation Code, is
12721272 amended to read as follows:
12731273 (a) A person may not drive a commercial motor vehicle
12741274 unless:
12751275 (1) the person:
12761276 (A) has in the person's immediate possession a
12771277 commercial driver's license issued by the department appropriate
12781278 for the class of vehicle being driven; and
12791279 (B) is not disqualified or subject to an
12801280 out-of-service order;
12811281 (2) the person:
12821282 (A) has in the person's immediate possession a
12831283 commercial driver learner's license [permit] issued by the
12841284 department; and
12851285 (B) is accompanied by the holder of a commercial
12861286 driver's license issued by the department appropriate for the class
12871287 of vehicle being driven, and the license holder:
12881288 (i) occupies a seat beside the learner's
12891289 license [permit] holder for the purpose of giving instruction in
12901290 driving the vehicle; and
12911291 (ii) is not disqualified or subject to an
12921292 out-of-service order; or
12931293 (3) the person is authorized to drive the vehicle
12941294 under Section 522.015.
12951295 SECTION 2.32. Section 522.014, Transportation Code, is
12961296 amended to read as follows:
12971297 Sec. 522.014. LEARNER'S LICENSE [PERMIT]. The department
12981298 may issue a commercial driver learner's license [permit] to an
12991299 individual who has passed the vision and written tests required for
13001300 a Texas driver's license appropriate for the class of vehicle to be
13011301 driven.
13021302 SECTION 2.33. Section 522.015, Transportation Code, is
13031303 amended to read as follows:
13041304 Sec. 522.015. LICENSE [OR PERMIT] ISSUED BY OTHER
13051305 JURISDICTION. A person may drive a commercial motor vehicle in this
13061306 state if:
13071307 (1) the person has a commercial driver's license or
13081308 commercial driver learner's license [permit] issued by:
13091309 (A) another state in accordance with the minimum
13101310 federal standards for the issuance of a commercial motor vehicle
13111311 driver's license; or
13121312 (B) a foreign jurisdiction the testing and
13131313 licensing standards of which the United States Department of
13141314 Transportation has determined meet the requirements of the federal
13151315 act;
13161316 (2) the person's license or learner's license [permit]
13171317 is appropriate for the class of vehicle being driven;
13181318 (3) the person is not disqualified from driving a
13191319 commercial motor vehicle and is not subject to an out-of-service
13201320 order; and
13211321 (4) the person has not had a domicile in this state for
13221322 more than 30 days.
13231323 SECTION 2.34. Section 522.025, Transportation Code, is
13241324 amended to read as follows:
13251325 Sec. 522.025. LIMITATIONS ON ISSUANCE OF LICENSE [OR
13261326 PERMIT]. (a) The department may not issue a commercial driver's
13271327 license or commercial driver learner's license [permit] to a person
13281328 who is disqualified from driving a commercial motor vehicle or
13291329 while the person's driver's license or driving privilege is
13301330 suspended, revoked, or canceled in any state.
13311331 (b) The department may not issue a commercial driver's
13321332 license to a person who has a driver's license, commercial driver's
13331333 license, or commercial driver learner's license [permit] issued by
13341334 another state unless the person surrenders the license [or permit].
13351335 The department shall return a surrendered license [or permit] to
13361336 the issuing state for cancellation.
13371337 SECTION 2.35. Section 522.027, Transportation Code, is
13381338 amended to read as follows:
13391339 Sec. 522.027. MINIMUM AGE. The department may not issue a
13401340 commercial driver's license or a commercial driver learner's
13411341 license [permit] to a person who is younger than 18 years of age.
13421342 SECTION 2.36. The heading to Section 522.032,
13431343 Transportation Code, is amended to read as follows:
13441344 Sec. 522.032. CHANGE OF NAME OR ADDRESS OF LICENSE [OR
13451345 PERMIT] HOLDER; OFFENSE.
13461346 SECTION 2.37. Sections 522.032(a) and (b), Transportation
13471347 Code, are amended to read as follows:
13481348 (a) The holder of a commercial driver's license or
13491349 commercial driver learner's license [permit] who changes the
13501350 holder's name or mailing address must apply for a duplicate license
13511351 [or permit] not later than the 30th day after the date of the change
13521352 in the manner provided by Section 521.054.
13531353 (b) The holder of a commercial driver's license or
13541354 commercial driver learner's license [permit] who changes the
13551355 holder's residence address shall notify the department not later
13561356 than the 30th day after the date of the change.
13571357 SECTION 2.38. Section 522.084, Transportation Code, is
13581358 amended to read as follows:
13591359 Sec. 522.084. NOTIFICATION TO OTHER JURISDICTION. After
13601360 disqualifying a person who has a domicile in another state or in a
13611361 foreign jurisdiction, the department shall give notice of that fact
13621362 to the licensing authority of the state that issued the person's
13631363 commercial driver's license or commercial driver learner's license
13641364 [permit].
13651365 SECTION 2.39. Section 524.001(10), Transportation Code, is
13661366 amended to read as follows:
13671367 (10) "Driver's license" has the meaning assigned by
13681368 Section 521.001. The term includes a commercial driver's license
13691369 or a commercial driver learner's license [permit] issued under
13701370 Chapter 522.
13711371 SECTION 2.40. Section 543.007, Transportation Code, is
13721372 amended to read as follows:
13731373 Sec. 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
13741374 LICENSE. A notice to appear issued to the operator of a commercial
13751375 motor vehicle or holder of a commercial driver's license or
13761376 commercial driver learner's license [permit], for the violation of
13771377 a law regulating the operation of vehicles on highways, must
13781378 contain the information required by department rule, to comply with
13791379 Chapter 522 and the federal Commercial Motor Vehicle Safety Act of
13801380 1986 (Title 49, U.S.C. Section 2701 et seq.).
13811381 SECTION 2.41. Section 543.202(b), Transportation Code, is
13821382 amended to read as follows:
13831383 (b) The record must be made on a form or by a data processing
13841384 method acceptable to the department and must include:
13851385 (1) the name, address, physical description,
13861386 including race or ethnicity, date of birth, and driver's license
13871387 number of the person charged;
13881388 (2) the registration number of the vehicle involved;
13891389 (3) whether the vehicle was a commercial motor vehicle
13901390 as defined by Chapter 522 or was involved in transporting hazardous
13911391 materials;
13921392 (4) the person's social security number, if the person
13931393 was operating a commercial motor vehicle or was the holder of a
13941394 commercial driver's license or commercial driver learner's license
13951395 [permit];
13961396 (5) the date and nature of the offense, including
13971397 whether the offense was a serious traffic violation as defined by
13981398 Chapter 522;
13991399 (6) whether a search of the vehicle was conducted and
14001400 whether consent for the search was obtained;
14011401 (7) the plea, the judgment, whether the individual was
14021402 adjudicated under Article 45.0511, Code of Criminal Procedure, and
14031403 whether bail was forfeited;
14041404 (8) the date of conviction; and
14051405 (9) the amount of the fine or forfeiture.
14061406 ARTICLE 3. REPEALER
14071407 SECTION 3.01. Section 522.021(c-1), Transportation Code,
14081408 is repealed.
14091409 ARTICLE 4. TRANSITION; EFFECTIVE DATE
14101410 SECTION 4.01. (a) Subject to Subsection (b) of this
14111411 section, the changes in law made by this Act apply to a driver's
14121412 license, commercial driver's license, commercial driver learner's
14131413 license, or identification card issued or renewed on or after the
14141414 effective date of this Act. A driver's license, commercial driver's
14151415 license, commercial driver learner's permit, or personal
14161416 identification certificate issued or renewed before the effective
14171417 date of this Act is governed by the law in effect when the license,
14181418 permit, or certificate was issued or renewed, and the former law is
14191419 continued in effect for that purpose.
14201420 (b) The Department of Public Safety, as authorized by
14211421 Sections 521.271(c) and 522.051(g), Transportation Code, as added
14221422 by this Act, may require the renewal of a driver's license,
14231423 commercial driver's license, commercial driver learner's permit, or
14241424 personal identification certificate issued or renewed before the
14251425 effective date of this Act.
14261426 SECTION 4.02. To the extent of any conflict, this Act
14271427 prevails over another Act of the 81st Legislature, Regular Session,
14281428 2009, relating to nonsubstantive additions to and corrections in
14291429 enacted codes.
14301430 SECTION 4.03. This Act takes effect September 1, 2009.