By: Merritt H.B. No. 4036
A BILL TO BE ENTITLED
AN ACT
relating to public safety and the issuance of driver's licenses and
identification cards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FEDERAL DRIVER'S LICENSE AND IDENTIFICATION CARD
SECURITY REQUIREMENTS
SECTION 1.01. The heading to Chapter 521, Transportation
Code, is amended to read as follows:
CHAPTER 521. DRIVER'S LICENSES AND IDENTIFICATION CARDS
[CERTIFICATES]
SECTION 1.02. Section 521.001(a), Transportation Code, is
amended by amending Subdivision (3) and adding Subdivisions (5-a)
and (10) to read as follows:
(3) "Driver's license" means an authorization issued
by the department for the operation of a motor vehicle. The term
includes:
(A) a learner's license [temporary license or
instruction permit]; and
(B) an occupational license.
(5-a) "Identification card" means a document issued by
the department verifying a person's identity.
(10) "Temporary driver's license" or "temporary
identification card" means a driver's license or identification
card issued to a person who is not a citizen or legal permanent
resident of the United States but has been granted lawful temporary
status in the United States by the United States agency responsible
for citizenship and immigration. A temporary driver's license
includes a learner's license, provisional license, and
occupational license.
SECTION 1.03. Subchapter A, Chapter 521, Transportation
Code, is amended by adding Section 521.007 to read as follows:
Sec. 521.007. RESTRICTIONS ON ISSUANCE. The department may
not issue both a driver's license and an identification card to the
same individual.
SECTION 1.04. Sections 521.044(a) and (b), Transportation
Code, are amended to read as follows:
(a) Information provided on a driver's license or
identification card application that relates to the applicant's
social security number may be used only by the department or
disclosed only to:
(1) the child support enforcement division of the
attorney general's office;
(2) another state entity responsible for enforcing the
payment of child support; [or]
(3) the United States Selective Service System as
provided by Section 521.147; or
(4) another state's driver's licensing agency or
central record system as required by federal law.
(b) The department shall enter an applicant's social
security number in the department's electronic database but may not
print the number on the applicant's driver's license or
identification card.
SECTION 1.05. Section 521.101, Transportation Code, is
amended to read as follows:
Sec. 521.101. [PERSONAL] IDENTIFICATION CARD
[CERTIFICATE]. (a) The department shall issue [personal]
identification cards [certificates].
(b) An [A personal] identification card [certificate] must
be similar in form to, but distinguishable in color from, a driver's
license.
(c) The department shall indicate "UNDER 21" on the face of
an [a personal] identification card [certificate] issued to a
person under 21 years of age.
(d) The department may require each applicant for an
original, renewal, or duplicate [personal] identification card
[certificate] to furnish to the department the information required
by Section 521.142.
(e) The department may cancel and require surrender of an [a
personal] identification card [certificate] after determining that
the holder [was] is not entitled to the identification card
[certificate] or gave incorrect or incomplete information in the
application for the identification card [certificate].
(f) An identification card [A certificate] expires:
(1) on a date specified by the department if the
applicant is a citizen or legal permanent resident of the United
States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States. [, except that a certificate issued to a person 60 years of
age or older does not expire].
(f-1) A person who is not a citizen of the United States must
present to the department documentation issued by the United States
agency responsible for citizenship and immigration authorizing the
person to be in the United States before the person may be issued an
identification card.
(g) An individual, corporation, or association may not deny
the holder of an [a personal] identification card [certificate]
access to goods, services, or facilities, except as provided by
Section 521.460 or in regard to the operation of a motor vehicle,
because the holder has an [a personal] identification card
[certificate] rather than a driver's license.
(h) The department shall automatically revoke each
[personal] identification card [certificate] issued by the
department to a person who:
(1) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure; and
(2) fails to apply to the department for renewal of the
[personal] identification card [certificate] as required by
Article 62.060, Code of Criminal Procedure.
(i) The department may issue an [a personal] identification
card [certificate] to a person whose identification card
[certificate] is revoked under Subsection (h) only if the person
applies for an original or renewal identification card
[certificate] under Section 521.103.
SECTION 1.06. Section 521.103, Transportation Code, is
amended to read as follows:
Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
CERTAIN SEX OFFENDERS. (a) The department may issue an original
or renewal [personal] identification card [certificate] to a person
whose driver's license or [personal] identification card
[certificate] record indicates that the person is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure, only if the person:
(1) applies in person for the issuance of an
identification card [a certificate] under this section; and
(2) pays a fee of $20.
(b) An [A personal] identification card [certificate]
issued under this section, including a renewal, duplicate, or
corrected identification card [certificate], expires:
(1) if the identification card holder is a citizen or
legal permanent resident of the United States, on the first
birthday of the identification card [certificate] holder occurring
after the date of application, except that the initial
identification card [certificate] issued under this section
expires on the second birthday of the identification card
[certificate] holder occurring after the date of application; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized stay in the
United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
SECTION 1.07. Section 521.104, Transportation Code, is
amended to read as follows:
Sec. 521.104. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
department by rule may provide that the holder of an [a personal]
identification card [certificate] may renew the card [certificate]
by mail, by telephone, over the Internet, or by other electronic
means. A rule adopted under this section may prescribe eligibility
standards for renewal under this section.
SECTION 1.08. Section 521.121(a), Transportation Code, is
amended to read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a digital [color] photograph of the entire face of
the holder;
(3) the full legal name, date of birth, gender, and
residence address of the holder; and
(4) a brief description of the holder.
SECTION 1.09. Section 521.124, Transportation Code, is
amended to read as follows:
Sec. 521.124. TEMPORARY LICENSE OR TEMPORARY
IDENTIFICATION CARD[; ISSUED WITHOUT PHOTOGRAPH]. (a) The
department shall [may] issue a temporary driver's license or
temporary identification card [without a photograph of the license
holder:
[(1)] to an applicant who is not a citizen or legal
permanent resident[out of state or a member of the armed forces] of
the United States and has temporary lawful status in the United
States[; or
[(2) if the department otherwise determines that a
temporary license is necessary].
(b) A temporary driver's license or temporary
identification card expires:
(1) the expiration of the applicant's authorized period of
stay in the United States as determined by the United States agency
responsible for citizenship and immigration in compliance with
federal law; or
(2) one year from the issuance date if there is no definite
end to the period of authorized stay as determined by the United
States agency responsible for citizenship and immigration in
compliance with federal law. [A temporary license is valid only
until the applicant has time to appear and be photographed and a
license with a photograph is issued].
(c) The department may require each applicant for an
original, renewal, or duplicate temporary driver's license or
temporary identification card to furnish to the department the
information required by Section 521.142.
(d) A temporary driver's license or temporary
identification card must be distinctively marked on the face of the
license or card.
(e) A temporary driver's license or temporary
identification card cannot be issued for a term longer than maximum
term of a driver's license or identification card issued under this
chapter.
SECTION 1.10. Section 521.142, Transportation Code, is
amended by amending Subsections (a), (b), (c), (e), and (g) and
adding Subsection (i) to read as follows:
(a) An application for an original license must state the
applicant's full legal name and place and date of birth. This
information must be verified by presentation of proof of identity
satisfactory to the department and in compliance with applicable
federal law. A person who is not a citizen of the United States must
present to the department documentation issued by the United States
agency responsible for citizenship and immigration authorizing the
person to be in the United States before the person may be issued a
driver's license or identification card. [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.]
(b) The application must include:
(1) the thumbprints of the applicant or, if
thumbprints cannot be taken, the index fingerprints of the
applicant;
(2) a digital photograph of the applicant;
(3) the signature of the applicant; and
(4) a brief description of the applicant.
(c) The application must state:
(1) the gender [sex] of the applicant;
(2) the principal residence address of the applicant;
(3) whether the applicant has been licensed to drive a
motor vehicle or issued an identification card before;
(4) if previously licensed or issued an identification
card, when and by what state or country;
(5) whether that license or driving privilege has been
suspended or revoked or a license application denied;
(6) the date and reason for the suspension,
revocation, or denial;
(7) whether the applicant is a citizen of the United
States; and
(8) the county of residence of the applicant.
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility as required by the
department or state or federal law.
(g) The department shall [may] require an applicant to
provide the applicant's social security number or proof of
ineligibility for a social security number as required by state or
federal law [only for a purpose permitted by Section 521.044].
(i) The application must be accompanied by a sworn statement
certifying that the information provided on the application is true
and correct.
SECTION 1.11. Section 521.182, Transportation Code, is
amended to read as follows:
Sec. 521.182. SURRENDER OF LICENSE OR IDENTIFICATION CARD
ISSUED BY OTHER JURISDICTION. (a) A person is not entitled to
receive a driver's license or identification card until the person
terminates by surrendering [surrenders] to the department each
driver's license or identification card in the person's possession
that was issued by this state or another state or Canadian province.
(a-1) The department may invalidate the surrendered license
or identification card and return it to the applicant.
(b) The department shall send to the state or province that
issued the license or identification card:
(1) the surrendered license or identification card or
a notification that the license or identification card has been
surrendered; and
(2) a statement that the person holds a driver's
license or identification card issued by this state.
SECTION 1.12. Section 521.222, Transportation Code, is
amended to read as follows:
Sec. 521.222. LEARNER'S LICENSE [INSTRUCTION PERMIT].
(a) The department or a driver education school licensed under
Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
may issue a learner's license [an instruction permit], including a
Class A or Class B driver's license learner's license [instruction
permit], to a person who:
(1) is 15 years of age or older but under 18 years of
age;
(2) has satisfactorily completed and passed the
classroom phase of an approved driver education course, which may
be a course approved under Section 521.205;
(3) meets the requirements imposed under Section
521.204(a)(3) [521.204(3)]; and
(4) has passed each examination required under Section
521.161 other than the driving test.
(b) The department may issue a learner's license [an
instruction permit] to a person 18 years of age or older who has
successfully passed all parts of the driver's examination required
under Section 521.161 other than the driving test.
(c) A driver education school may issue a learner's license
[an instruction permit] to a person 18 years of age or older who has
successfully passed:
(1) a six-hour adult classroom driver education course
approved by the Texas Education Agency; and
(2) each part of the driver's examination required by
Section 521.161 other than the driving test.
(d) A learner's license [An instruction permit] entitles
the holder to operate a type of motor vehicle on a highway while:
(1) the learner's license [permit] is in the holder's
possession; and
(2) the holder is accompanied by a person occupying
the seat by the operator who:
(A) holds a license that qualifies the operator
to operate that type of vehicle;
(B) is 21 years of age or older; and
(C) has at least one year of driving experience.
(e) [Except as provided by Subsection (f), an instruction
permit is not required to include a photograph.
[(f)] The department may issue a learner's license [an
instruction permit] under this section to a person who is subject to
the registration requirements under Chapter 62, Code of Criminal
Procedure, and is otherwise eligible for the learner's license
[permit].
(f) A learner's license [An instruction permit issued under
this subsection] must include a photograph of the license holder
[person].
(g) A person who occupies the seat in a vehicle by a holder
of a learner's license [an instruction permit] commits an offense
if, while the holder is operating the vehicle, the person:
(1) sleeps;
(2) is intoxicated, as defined by Section 49.01, Penal
Code; or
(3) is engaged in an activity that prevents the person
from observing and responding to the actions of the operator.
(h) It is a defense to prosecution [of a violation] under
Subsection (g) that at the time of the violation another person in
addition to the defendant:
(1) occupied the seat by the operator;
(2) complied with the requirements of Subsections
(d)(2)(A)-(C); and
(3) was not in violation of Subsection (g).
SECTION 1.13. Section 521.271, Transportation Code, is
amended to read as follows:
Sec. 521.271. LICENSE EXPIRATION. (a) Each original
driver's license, [and] provisional license, learner's license, or
occupational license issued to a person who is a citizen or legal
permanent resident of the United States expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application;
(2) a provisional license expires on the earlier of:
(A) the 18th birthday of the license holder; or
(B) the first birthday of the license holder
occurring after the date of the application;
(3) a learner's license [an instruction permit]
expires on the second birthday of the license holder occurring
after the date of the application; and
(4) an occupational license expires on the first
anniversary of the court order granting the license.
(a-1) Each original driver's license, provisional license,
or learner's license issued to a person who is not a citizen or
legal permanent resident of the United States expires on the
earlier of the first anniversary of the date of issuance or the
expiration of the license holder's lawful presence in the United
States as determined by the United States agency responsible for
citizenship and immigration in compliance with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on:
(1) the sixth anniversary of the expiration date
before renewal if the license holder is a citizen or legal permanent
resident of the United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized stay in the
United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(c) The department may require the renewal of a license or
identification card before its expiration if the renewal is
necessary to ensure compliance with federal law in the systematic
conversion of driver's licenses and identification cards.
SECTION 1.14. Section 521.272, Transportation Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) The department may issue an original or renewal driver's
license or temporary driver's license to a person whose driver's
license or [personal] identification card [certificate] record
indicates that the person is subject to the registration
requirements of Chapter 62, Code of Criminal Procedure, only if the
person:
(1) applies in person for the issuance of a license
under this section; and
(2) pays the fee required by Section 521.421(h).
(c) Notwithstanding Section 521.271, a driver's license or
temporary driver's license issued under this section, including a
renewal, duplicate, or corrected license, expires:
(1) if the license holder is a citizen or legal
permanent resident of the United States, on the first birthday of
the license holder occurring after the date of application, except
that the initial license issued under this section expires on the
second birthday of the license holder occurring after the date of
application; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized stay in the
United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(d) Subsection (c) [This subsection] does not apply to:
(1) a provisional license;
(2) a learner's license [an instruction permit] issued
under Section 521.222; or
(3) a hardship license issued under Section 521.223.
SECTION 1.15. Section 521.314, Transportation Code, is
amended to read as follows:
Sec. 521.314. CANCELLATION AUTHORITY. The department may
cancel a license or identification card [certificate] if it
determines that the holder:
(1) is [was] not entitled to the license or
identification card [certificate]; or
(2) failed to give required information in the
application for the license or identification card [certificate].
SECTION 1.16. Section 521.421, Transportation Code, is
amended by adding Subsections (a-1) and (a-2) and amending
Subsection (c) to read as follows:
(a-1) The fee for a driver's license or identification card
issued in compliance with federal law to a person who is not a
citizen or legal permanent resident of the United States and that is
not valid for more than one year is $25.
(a-2) The fee for a temporary driver's license or temporary
identification card that is valid for more than one year is $25 for
the first year and $10 for each additional year or portion of a
year.
(c) The fee for issuance or renewal of a provisional license
or learner's license [instruction permit] is $10 [$5].
SECTION 1.17. Section 521.451(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 521.452, a person may not:
(1) display, cause or permit to be displayed, or have
in the person's possession a driver's license or identification
card [certificate] that the person knows is fictitious or has been
altered;
(2) lend the person's driver's license or
identification card [certificate] to another person or knowingly
permit another person to use the person's driver's license or
identification card [certificate];
(3) display or represent as the person's own a driver's
license or identification card [certificate] not issued to the
person;
(4) possess more than one currently valid driver's
license or identification card [more than one currently valid
certificate]; or
(5) in an application for an original, renewal, or
duplicate driver's license or identification card [certificate]:
(A) provide a false name, false address, or a
counterfeit document; or
(B) knowingly make a false statement, conceal a
material fact, or otherwise commit fraud.
SECTION 1.18. Section 522.003, Transportation Code, is
amended by adding Subdivision (27) to read as follows:
(27) "Temporary commercial driver's license" means a
commercial driver's license issued to a person who is not a citizen
or legal permanent resident of the United States but has been
granted lawful temporary status in the United States by the United
States agency responsible for citizenship and immigration. A
temporary commercial driver's license includes a commercial
learner's license and a nonresident commercial driver's license.
SECTION 1.19. Section 522.013, Transportation Code, is
amended by amending Subsections (a), (b), (c), (d), and (e) and
adding Subsection (g) to read as follows:
(a) The department may issue a temporary commercial
driver's license or temporary nonresident commercial driver's
license to a resident of a foreign jurisdiction if the secretary has
determined that the commercial motor vehicle testing and licensing
standards in the foreign jurisdiction do not meet the testing
standards established by 49 C.F.R. Part 383.
(b) The department shall issue a temporary commercial
driver's license to an applicant who is not a citizen or legal
permanent resident of the United States and has temporary lawful
status in the United States. [An applicant must surrender any
nonresident commercial driver's license issued by another state.]
(c) The department may require each applicant for an
original, renewal, or duplicate license issued under this section
to furnish to the department the information required by Section
521.142. [Before issuing a nonresident commercial driver's
license, the department must establish the practical capability of
disqualifying the person under the conditions applicable to a
commercial driver's license issued to a resident of this state.]
(d) A license issued under this section must be
distinctively marked ["Nonresident" must appear] on the face of the
[a] license [issued under this section].
(e) The department may issue a temporary nonresident
commercial driver's license to a person who does not present a
social security card as required by Section 522.021(a-1)(1) but who
otherwise meets the requirements for a temporary [nonresident]
commercial driver's license, including the requirement that the
commercial motor vehicle testing and licensing standards of the
country of which the applicant is a resident not meet the testing
and licensing standards established by 49 C.F.R. Part 383. A
license issued under this subsection:
(1) expires on the earlier of:
(A) the 60th day after the date the license is
issued;
(B) the expiration date of the visa presented
under Section 522.021(a-1)(2)(B); or
(C) the expiration date of the Form I-94
Arrival/Departure record, or a successor document, presented under
Section 522.021(a-1)(2)(C); and
(2) may not be renewed.
(g) A temporary commercial driver's license expires:
(1) the expiration of the applicant's authorized period of stay in
the United States as determined by the United States agency
responsible for citizenship and immigration in compliance with
federal law; or
(2) one year from the issuance date if there is no definite
end to the period of authorized stay as determined by the United
States agency responsible for citizenship and immigration in
compliance with federal law.
(h) A temporary commercial driver's license cannot be
issued for a term longer than maximum term of a commercial driver's
license issued under this chapter.
SECTION 1.20. Sections 522.021(a), (c), and (d),
Transportation Code, are amended to read as follows:
(a) An application for a commercial driver's license or
commercial driver learner's license [permit] must include:
(1) the full legal name and current principal
residence and mailing address of the applicant;
(2) a physical description of the applicant, including
gender [sex], height, and eye color;
(3) the applicant's date of birth;
(4) the applicant's social security number, unless the
application is for a temporary nonresident commercial driver's
license and the applicant is a resident of a foreign jurisdiction;
(5) certifications, including those required by 49
C.F.R. Section 383.71(a); and
(6) any other information required by the department.
(c) The application must meet the requirements of an
application under Sections [Section] 521.141 and 521.142 and must
be accompanied by the fee required under Section 522.029. The
department may require documentary evidence to verify the
information required by Subsection (a).
(d) A person who knowingly falsifies information or a
certification required by Subsection (a) commits an offense and is
subject to a 60-day cancellation of the person's commercial
driver's license, commercial driver learner's license [permit], or
application. An offense under this subsection is a Class C
misdemeanor.
SECTION 1.21. Section 522.022, Transportation Code, is
amended to read as follows:
Sec. 522.022. LICENSE REQUIREMENTS. The department may not
issue a commercial driver's license other than a temporary
nonresident license to a person unless the person:
(1) has a domicile in this state;
(2) has passed knowledge and skills tests for driving
a commercial motor vehicle that comply with minimal federal
standards established by 49 C.F.R. Part 383, Subparts G and H; and
(3) has satisfied the requirements imposed by the
federal act, federal regulation, or state law.
SECTION 1.22. Section 522.029, Transportation Code, is
amended to read as follows:
Sec. 522.029. FEES. (a) The fee for a commercial driver's
license or commercial driver learner's license [permit] issued by
the department is $60, except as provided by Subsections (f), (h),
[and] (j), (k), (l), and (m).
(b) The fee for a commercial driver's license or commercial
driver learner's license [permit] shall be reduced by $4 for each
remaining year of validity of a driver's license, other than a
commercial driver's license or commercial driver learner's license
[permit] issued by the department to the applicant.
(c) The fee for a duplicate commercial driver's license or
commercial driver learner's license [permit] is $10.
(d) An applicant who is changing a class of license,
endorsement, or restriction or who is adding a class of vehicle
other than a motorcycle to the license must pay a fee of $10 for the
examination, except for a renewal or original issuance of a
commercial driver's license.
(e) The fees required by this chapter and collected by an
officer or agent of the department shall be remitted without
deduction to the department.
(f) The fee for renewal of a commercial driver's license or
a commercial driver learner's license [permit] that includes
authorization to operate a motorcycle is $45.
(f-1) [(f)] If a commercial driver's license or commercial
driver learner's license [permit] includes an authorization to
operate a motorcycle or moped, the fee for the driver's license or
learner's license [permit] is increased by $8.
(g) An applicant who is applying for additional
authorization to operate a motorcycle shall pay a fee of $15 for the
examination.
(h) The fee for a commercial driver's license or commercial
driver learner's license [permit] issued under Section 522.033 is
$20.
(i) Except as provided by Section 662.011, each fee
collected under this section shall be deposited to the credit of the
Texas mobility fund.
(j) The fee for issuance or renewal of a commercial driver's
license or commercial driver learner's license [permit] is $25 for
a license with an expiration date established under Section
522.054.
(k) The fee for a commercial driver's license issued in
compliance with federal law to a person who is not a citizen or
legal permanent resident of the United States and that is not valid
for more than one year is $50.
(l) The fee for a temporary commercial driver's license that
is valid for more than one year is $50 for the first year and $25 for
each additional year or portion of a year.
(m) The fee for a temporary nonresident commercial driver's
license is $50.
[(j) The fee for a nonresident commercial driver's license
is $120. The fee for a temporary nonresident commercial driver's
license is $20.]
SECTION 1.23. Section 522.030, Transportation Code, is
amended to read as follows:
Sec. 522.030. CONTENT OF LICENSE. A commercial driver's
license must:
(1) be marked "Commercial Driver License" or "CDL";
(2) be, to the extent practicable, tamper-proof; and
(3) include:
(A) the full legal name and mailing address of
the person to whom it is issued;
(B) the person's digital [color] photograph;
(C) a physical description of the person,
including gender [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.
SECTION 1.24. Section 522.033, Transportation Code, is
amended to read as follows:
Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
SEX OFFENDERS. (a) The department may issue an original or
renewal commercial driver's license or commercial driver learner's
license, including a temporary commercial driver's license or
temporary commercial driver learner's license, [permit] to a person
whose driver's license or [personal] identification card
[certificate] record indicates that the person is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure, only if the person is otherwise eligible for the
commercial driver's license or commercial driver learner's license
[permit] and:
(1) applies in person for the issuance of a license or
learner's license [permit] under this section; and
(2) pays a fee of $50.
(b) Notwithstanding Section 522.051, a commercial driver's
license or commercial driver learner's license [permit] issued
under this section, including a renewal, duplicate, or corrected
license, expires:
(1) if the license holder is a citizen or legal
permanent resident of the United States, on the first birthday of
the license holder occurring after the date of application, except
that the initial license issued under this section expires on the
second birthday of the license holder occurring after the date of
application; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
SECTION 1.25. The heading to Section 522.051,
Transportation Code, is amended to read as follows:
Sec. 522.051. EXPIRATION OF LICENSE OR LEARNER'S LICENSE
[PERMIT].
SECTION 1.26. Section 522.051(a), Transportation Code, as
amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
(a) Except as provided by Subsection (f) and Sections
522.013(e), [and] 522.033, and 522.054, an original commercial
driver's license or commercial driver learner's license [permit]
expires:
(1) on the fifth anniversary of [five years after] the
applicant's next birthday if the license holder is a citizen or
legal permanent resident of the United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
SECTION 1.27. Section 522.051, Transportation Code, is
amended by amending Subsections (b), (c), and (d) and adding
Subsection (g) to read as follows:
(b) Except as provided by Section 522.054, a commercial
driver's license or commercial driver learner's license [permit]
issued to a person holding a Texas Class A, B, C, or M license that
would expire one year or more after the date of issuance of the
commercial driver's license or commercial driver learner's license
[permit] expires:
(1) on the fifth anniversary of [five years after] the
applicant's next birthday if the license holder is a citizen or a
legal permanent resident of the United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(c) Except as provided by Section 522.054, a commercial
driver's license or commercial driver learner's license [permit]
issued to a person holding a Texas Class A, B, C, or M license that
would expire less than one year after the date of issuance of the
commercial driver's license or commercial driver learner's license
[permit] or that has been expired for less than one year expires:
(1) on the fifth anniversary of [five years after] the
expiration date shown on the Class A, B, C, or M license if the
license holder is a citizen or legal permanent resident of the
United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(d) Except as provided by Section 522.054, a commercial
driver's license or commercial driver learner's license [permit]
issued to a person holding a Texas Class A, B, C, or M license that
has been expired for at least one year but not more than two years
expires:
(1) on the fifth anniversary of [five years after] the
applicant's last birthday if the license holder is a citizen or
legal permanent resident of the United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(g) The department may require the renewal of a license
before its expiration if the renewal is necessary to ensure
compliance with federal law in the systematic conversion of
driver's licenses.
SECTION 1.28 Sections 522.052(b), (c), and (e),
Transportation Code, are amended to read as follows:
(b) Except as provided by Section 522.054, a renewal of a
commercial driver's license that has been expired for less than one
year expires:
(1) on the fifth anniversary of [five years after] the
expiration date shown on the commercial driver's license if the
license holder is a citizen or legal permanent resident of the
United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(c) Except as provided by Section 522.054, a renewal of a
commercial driver's license that has been expired for at least one
year but not more than two years expires:
(1) on the sixth anniversary of [six years after] the
applicant's last birthday if the license holder is a citizen or
legal permanent resident of the United States; or
(2) if the applicant is not a citizen or legal
permanent resident of the United States:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) one year from the issuance date if there is no
definite expiration date for the authorized stay in the United
States.
(e) A commercial driver learner's license [permit] may not
be renewed.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Article 62.005(c), Code of Criminal
Procedure, is amended to read as follows:
(c) Notwithstanding Chapter 730, Transportation Code, the
department shall maintain in the database, and shall post on any
department website related to the database, any photograph of the
person that is available through the process for obtaining or
renewing an [a personal] identification card [certificate] or
driver's license under Section 521.103 or 521.272, Transportation
Code. The department shall update the photograph in the database
and on the website annually or as the photograph otherwise becomes
available through the renewal process for the card [certificate] or
license.
SECTION 2.02. Article 62.006, Code of Criminal Procedure,
is amended to read as follows:
Art. 62.006. INFORMATION PROVIDED TO PEACE OFFICER ON
REQUEST. The department shall establish a procedure by which a
peace officer or employee of a law enforcement agency who provides
the department with a driver's license number, [personal]
identification card [certificate] number, or license plate number
is automatically provided information as to whether the person to
whom the driver's license or [personal] identification card
[certificate] is issued is required to register under this chapter
or whether the license plate number is entered in the computerized
central database under Article 62.005 as assigned to a vehicle
owned or driven by a person required to register under this chapter.
SECTION 2.03. Article 42.016, Code of Criminal Procedure,
is amended to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, the court
shall:
(1) issue an order requiring the Texas Department of
Public Safety to include in any driver's license record or
[personal] identification card [certificate] record maintained by
the department for the person an indication that the person is
subject to the registration requirements of Chapter 62;
(2) require the person to apply to the Texas
Department of Public Safety in person for an original or renewal
driver's license or [personal] identification card [certificate]
not later than the 30th day after the date the person is released or
the date the department sends written notice to the person of the
requirements of Article 62.060, as applicable, and to annually
renew the license or identification card [certificate];
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the Texas Department of Public Safety a
copy of the record of conviction, a copy of the order granting
deferred adjudication, or a copy of the juvenile adjudication, as
applicable, and a copy of the order issued under this article.
SECTION 2.04. Article 62.053(a), Code of Criminal
Procedure, is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Youth
Commission shall determine the person's level of risk to the
community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the later of the first date the
applicable local law enforcement authority by policy allows the
person to register or verify registration, the person
must register or verify registration with the local law
enforcement authority in the municipality or county in which the
person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the juvenile probation officer, community
supervision and corrections department officer, or parole officer
supervising the person;
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or [personal] identification card [certificate]
and a failure to apply to the department as required by this
paragraph results in the automatic revocation of any driver's
license or [personal] identification card [certificate] issued by
the department to the person; and
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address where the person expects to
reside on the person's release and other registration information,
including a photograph and complete set of fingerprints; and
(4) complete the registration form for the person.
SECTION 2.05. Article 62.060, Code of Criminal Procedure,
is amended to read as follows:
Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
[PERSONAL] IDENTIFICATION CARD [CERTIFICATE]. (a) A person
subject to registration under this chapter shall apply to the
department in person for the issuance of, as applicable, an
original or renewal driver's license under Section 521.272,
Transportation Code, an original or renewal [personal]
identification card [certificate] under Section 521.103,
Transportation Code, or an original or renewal commercial driver's
license or commercial driver learner's license [permit] under
Section 522.033, Transportation Code, not later than the 30th day
after the date:
(1) the person is released from a penal institution or
is released by a court on community supervision or juvenile
probation; or
(2) the department sends written notice to the person
of the requirements of this article.
(b) The person shall annually renew in person each driver's
license or [personal] identification card [certificate] issued by
the department to the person, including each renewal, duplicate, or
corrected license or card [certificate], until the person's duty to
register under this chapter expires.
SECTION 2.06. Section 1956.062(c), Occupations Code, is
amended to read as follows:
(c) The dealer shall record the proposed seller's driver's
license number or department [personal] identification card
[certificate] number on physical presentation of the license or
[personal] identification card [certificate] by the seller. The
record must accompany the list.
SECTION 2.07. Section 12.114, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.114. DRIVER'S LICENSE OR [PERSONAL] IDENTIFICATION
CARD [CERTIFICATE] REQUIRED. (a) A person who is 17 years of age or
older and who has a license or permit issued under this code or who
is engaging in an activity that requires a license or permit shall
have a driver's license or [personal] identification card
[certificate] in the person's immediate possession.
(b) If the person is a resident as defined by Subdivision
(1) of Section 42.001 of this code, "driver's license" and
"[personal] identification card [certificate]" have the meanings
assigned by Chapter 521, Transportation Code.
(c) If the person is a nonresident as defined by Section
42.001, "driver's license" and "[personal] identification card
[certificate]" mean those documents that are similar to those
defined in Subsection (b) and that are issued by the agency in the
state or country of which the person is a resident that is
authorized to issue driver's licenses or [personal] identification
cards [certificates].
SECTION 2.08. Section 12.115(a), Parks and Wildlife Code,
is amended to read as follows:
(a) A person who is arrested for an alleged violation of
this code or a proclamation or regulation adopted under this code
commits an offense if the person:
(1) does not have in his immediate possession a
driver's license or [personal] identification card [certificate]
required by Section 12.114 of this code; or
(2) fails or refuses to display the driver's license or
[personal] identification card [certificate] required by Section
12.114 of this code when requested to do so by any peace officer,
game warden, magistrate, or officer of a court of competent
jurisdiction.
SECTION 2.09. Section 12.116(a), Parks and Wildlife Code,
is amended to read as follows:
(a) If a person is convicted in justice court for violating
a provision of this code or a proclamation or regulation adopted
under this code that provides enhanced penalties for subsequent
convictions, the court on request shall submit to the department an
affidavit certifying the conviction. The affidavit must include
the driver's license number or [personal] identification card
[certificate] number obtained from the violator.
SECTION 2.10. The heading to Subtitle B, Title 7,
Transportation Code, is amended to read as follows:
SUBTITLE B. DRIVER'S LICENSES AND [PERSONAL] IDENTIFICATION CARDS
SECTION 2.11. Section 502.1715(b), Transportation Code, is
amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund. Subject to appropriations,
the money shall be used by the Department of Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
[personal] identification card [certificate], to include use of
image comparison technology;
(2) establish and maintain a system to support the
driver responsibility program under Chapter 708; and
(3) make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
SECTION 2.12. Sections 521.054(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) This section applies to a person who:
(1) after applying for the driver's license or
identification card [certificate] moves from the address stated in
the person's application for a license or identification card
[certificate];
(2) moves from the address shown on the license or
identification card [certificate] held by the person; or
(3) changes the person's name by marriage or
otherwise.
(b) A person subject to this section shall notify the
department of the change not later than the 30th day after the date
on which the change takes effect and apply for a duplicate license
or identification card [certificate] as provided by Section
521.146.
(c) A person changing the person's address shall notify the
department of the old and new addresses and the number of the
license or identification card [certificate] held by the person. A
person changing the person's name shall notify the department of
the former and new names and the number of the license or
identification card [certificate] held by the person.
SECTION 2.13. Section 521.057, Transportation Code, is
amended to read as follows:
Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
(a) On receipt of a court order issued under Article 42.016, Code
of Criminal Procedure, the department shall ensure that any
driver's license record or [personal] identification card
[certificate] record maintained by the department for the person
includes an indication that the person is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure[, as added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997].
(b) The department shall include the indication required by
Subsection (a) in any driver's license record or [personal]
identification card [certificate] record maintained by the
department for the person until the expiration of the person's duty
to register under Chapter 62, Code of Criminal Procedure[, as added
by Chapter 668, Acts of the 75th Legislature, Regular Session,
1997].
SECTION 2.14. Section 521.059(b), Transportation Code, is
amended to read as follows:
(b) The department shall authenticate the facial image and
thumbprints or fingerprints provided by an applicant for an [a
personal] identification card [certificate], driver's license, or
commercial driver's license or learner's license [permit] using
image comparison technology to ensure that the applicant:
(1) is issued only one original license[, permit,] or
identification card [certificate];
(2) does not fraudulently obtain a duplicate license[,
permit,] or identification card [certificate]; and
(3) does not commit other fraud in connection with the
application for a license[, permit,] or identification card
[certificate].
SECTION 2.15. Sections 521.126(a), (b), and (e) through
(i), Transportation Code, are amended to read as follows:
(a) The department may not include any information on a
driver's license, commercial driver's license, or [personal]
identification card [certificate] in an electronically readable
form other than the information printed on the license and a
physical description of the license holder [licensee].
(b) Except as provided by Subsections (d), (e), (g), (i),
and (j), a person commits an offense if the person:
(1) accesses or uses electronically readable
information derived from a driver's license, commercial driver's
license, or [personal] identification card [certificate]; or
(2) compiles or maintains a database of electronically
readable information derived from driver's licenses, commercial
driver's licenses, or [personal] identification card
[certificates].
(e) The prohibition provided by Subsection (b)(1) does not
apply to a financial institution or a business if the information is
accessed and used only for purposes of identification verification
of an individual or check verification at the point of sale for a
purchase of a good or service by check. The prohibition provided
by Subsection (b)(2) does not apply to a financial institution if
each license or identification card [certificate] holder whose
information is included in the compilation or database consents to
the inclusion of the person's information in the compilation or
database. Consent under this subsection must be on a separate
document, signed by the license or identification card
[certificate] holder, that explains in at least 14-point bold type
the information that will be included in the compilation or
database. For the purposes of this subsection, "financial
institution" has the meaning assigned by 31 U.S.C. Section
5312(a)(2), as amended.
(f) A person may not use information derived from
electronically readable information from a driver's license,
commercial driver's license, or [personal] identification card
[certificate] to engage in telephone solicitation to encourage the
purchase or rental of, or investment in, goods, other property, or
services.
(g) If authorized by the executive or administrative head of
a maritime facility as defined in the Maritime Transportation
Security Act of 2002 (46 U.S.C. Section 70101 et seq.), or of a
port, port authority, or navigation district created or operating
under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, a person may access, use, compile, or maintain in a
database electronically readable information derived from a
driver's license, commercial driver's license, or [personal]
identification card [certificate] to secure the facility or port.
The information may be used only to:
(1) identify an individual;
(2) provide official credentials for an individual;
(3) track or limit the movement of an individual on
facility property;
(4) establish a secure database of visitors to the
facility;
(5) access the information at terminal and gate
operations of the facility; or
(6) conduct other security or operational activities
as determined by the executive or administrative head.
(h) Except as provided by Section 418.183, Government Code,
the electronically readable information derived from a driver's
license, commercial driver's license, or [personal] identification
card [certificate] for the purposes of Subsection (g) is
confidential and not subject to disclosure, inspection, or copying
under Chapter 552, Government Code.
(i) The prohibition provided by Subsection (b) does not
apply to a hospital that accesses, uses, compiles, or maintains a
database of the information to provide health care services to the
individual who holds the driver's license, commercial driver's
license, or [personal] identification card [certificate].
SECTION 2.16. Section 521.146, Transportation Code, is
amended to read as follows:
Sec. 521.146. APPLICATION FOR DUPLICATE LICENSE OR
IDENTIFICATION CARD [CERTIFICATE]. (a) If a driver's license or
identification card [certificate] issued under this chapter is lost
or destroyed, or there is a change in pertinent information, the
person to whom the license or identification card [certificate] was
issued may obtain a duplicate or corrected version.
(b) An applicant for a corrected driver's license or
identification card [certificate] must submit to the department the
required fee, accompanied by the required information that has
changed with proof satisfactory to the department that supports the
change.
(c) The department by rule may provide that the holder of a
driver's license or identification card [certificate] issued by the
department may apply for the issuance of a duplicate license or
identification card [certificate] by mail, by telephone, over the
Internet, or by other electronic means.
(d) A rule adopted under Subsection (c) may prescribe
eligibility standards for issuance of a duplicate driver's license
or identification card [certificate] under this section.
SECTION 2.17. Section 521.147(a), Transportation Code, is
amended to read as follows:
(a) The department shall develop by rule a selective service
consent statement as a part of the application for an original,
renewal, or duplicate driver's license or [personal]
identification card [certificate]. The consent statement must
include a place to indicate consent or declination to register with
the United States Selective Service System and must state the
benefits and penalties associated with consent or declination to
register. The department shall present the statement to each
applicant who is subject to registration with the Selective Service
System and record the applicant's response. A response is required
to complete the application for a license or identification card
[certificate] for such an applicant. The department shall forward
to the Selective Service System, in an electronic format, only the
information necessary for registration of an applicant consenting
to registration.
SECTION 2.18. Section 521.223(d), Transportation Code, is
amended to read as follows:
(d) If the department determines that an applicant must
assist in the responsibilities imposed by a family illness,
disability, death-related emergency, or economic emergency, it may
waive the driver training course requirement [and may issue a
temporary license]. [A temporary license issued under this
subsection is valid for 60 days after the date of issuance and may
be renewed for additional 60-day periods as long as the condition
continues.]
SECTION 2.19. The heading to Section 521.275,
Transportation Code, is amended to read as follows:
Sec. 521.275. CHANGE OF DRIVER'S LICENSE OR [PERSONAL]
IDENTIFICATION CARD [CERTIFICATE] NUMBER.
SECTION 2.20. Sections 521.275(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall issue to a person a new driver's
license number or [personal] identification card [certificate]
number on the person's showing a court order stating that the person
has been the victim of domestic violence.
(c) Except as provided by Sections 521.049(c), 730.005, and
730.006, the department may not disclose:
(1) the changed license or identification card
[certificate] number; or
(2) the person's name or any former name.
SECTION 2.21. Sections 521.401(b) and (d), Transportation
Code, are amended to read as follows:
(b) The statement of gift may be shown on a donor's driver's
license or [personal] identification card [certificate] or by a
card designed to be carried by the donor to evidence the donor's
intentions with respect to organ, tissue, and eye donation. A
donor card signed by the donor shall be given effect as if executed
pursuant to Section 692.003(d), Health and Safety Code.
(d) An affirmative statement of gift on a person's driver's
license or [personal] identification card [certificate] executed
after August 31, 2005, shall be conclusive evidence of a decedent's
status as a donor and serve as consent for organ, tissue, and eye
removal.
SECTION 2.22. Section 521.402(a), Transportation Code, is
amended to read as follows:
(a) To revoke an affirmative statement of gift on a person's
driver's license or [personal] identification card [certificate],
a person must apply to the department for an amendment to the
license or identification card [certificate].
SECTION 2.23. Section 521.403, Transportation Code, is
amended to read as follows:
Sec. 521.403. INFORMATION PROVIDED TO HOSPITAL. The donor
card of a person who is involved in an accident or other trauma
shall accompany the person to the hospital or other health care
facility. The driver's license or [personal] identification card
[certificate] indicating an affirmative statement of gift of a
person who is involved in an accident or other trauma shall
accompany the person to the hospital or health care facility if the
person does not have a donor card.
SECTION 2.24. Section 521.422, Transportation Code, is
amended to read as follows:
Sec. 521.422. [PERSONAL] IDENTIFICATION CARD [CERTIFICATE]
FEE. (a) The fee for an [a personal] identification card
[certificate] is:
(1) $15 for a person under 60 years of age;
(2) $5 for a person 60 years of age or older; and
(3) $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure.
(b) The department shall collect an additional fee of $1 for
the issuance or renewal of an [a personal] identification card to
fund the Blindness Education, Screening, and Treatment Program
established under Section 91.027, Human Resources Code, if the
person applying for or renewing an [a personal] identification card
opts to pay the additional fee.
(c) The department shall collect an additional fee of $1 for
the issuance or renewal of an [a personal] identification card,
including a duplicate [personal] identification card or an [a
personal] identification card issued or renewed over the Internet
or by other electronic means, to pay the costs of the Donor
Education, Awareness, and Registry Program of Texas, established
under Chapter 49, Health and Safety Code, and, subject to Section
113.104, Health and Safety Code, of the Texas Organ, Tissue, and Eye
Donor Council, established under Chapter 113, Health and Safety
Code, if the person applying for or renewing an [a personal]
identification card opts to pay the additional fee. The department
shall remit fees collected under this subsection to the
comptroller, who shall maintain the identity of the source of the
fees. Subject to appropriation, the department may retain three
percent of the money collected under this subsection to cover the
costs in administering this subsection.
SECTION 2.25. Section 521.424, Transportation Code, is
amended to read as follows:
Sec. 521.424. DUPLICATE LICENSE OR IDENTIFICATION CARD
[CERTIFICATE] FEE. The fee for a duplicate driver's license or
duplicate [personal] identification card [certificate] is $10.
SECTION 2.26. Sections 521.453(a), (b), (c), (f), and (g),
Transportation Code, are amended to read as follows:
(a) Except as provided by Subsection (f), a person under the
age of 21 years commits an offense if the person possesses, with the
intent to represent that the person is 21 years of age or older, a
document that is deceptively similar to a driver's license or an [a
personal] identification card [certificate] unless the document
displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally
printed clearly and indelibly on both the front and back of the
document in solid red capital letters at least one-fourth inch in
height.
(b) For purposes of this section, a document is deceptively
similar to a driver's license or [personal] identification card
[certificate] if a reasonable person would assume that it was
issued by the department, another agency of this state, another
state, or the United States.
(c) A peace officer listed in Article 2.12, Code of Criminal
Procedure, may confiscate a document that:
(1) is deceptively similar to a driver's license or
[personal] identification card [certificate]; and
(2) does not display the statement required under
Subsection (a).
(f) Subsection (a) does not apply to:
(1) a government agency, office, or political
subdivision that is authorized to produce or sell [personal]
identification card [certificates]; or
(2) a person that provides a document similar to an [a
personal] identification card [certificate] to an employee of the
person for a business purpose.
(g) In this section:
(1) "Driver's license" includes a driver's license
issued by another state or by the United States.
(2) "Identification card [Personal identification
certificate]" means an [a personal] identification card
[certificate] issued by the department, by another agency of this
state, by another state, or by the United States.
SECTION 2.27. Section 521.454(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
swears to or affirms falsely before a person authorized to take
statements under oath any matter, information, or statement
required by the department in an application for an original,
renewal, or duplicate driver's license or identification card
[certificate] issued under this chapter.
SECTION 2.28. Section 521.456(d), Transportation Code, is
amended to read as follows:
(d) For purposes of this section, "instrument" means a
driver's license, driver's license form, [personal] identification
card [certificate], stamp, permit, license, official signature,
certificate, evidence of fee payment, or any other instrument.
SECTION 2.29. Section 522.003(4), Transportation Code, is
amended to read as follows:
(4) "Commercial driver learner's license [permit]
"means a commercial driver's license that restricts the holder to
driving a commercial motor vehicle as provided by Section
522.011(a)(2)(B).
SECTION 2.30. The heading to Section 522.011,
Transportation Code, is amended to read as follows:
Sec. 522.011. LICENSE [OR PERMIT] REQUIRED; OFFENSE.
SECTION 2.31. Section 522.011(a), Transportation Code, is
amended to read as follows:
(a) A person may not drive a commercial motor vehicle
unless:
(1) the person:
(A) has in the person's immediate possession a
commercial driver's license issued by the department appropriate
for the class of vehicle being driven; and
(B) is not disqualified or subject to an
out-of-service order;
(2) the person:
(A) has in the person's immediate possession a
commercial driver learner's license [permit] issued by the
department; and
(B) is accompanied by the holder of a commercial
driver's license issued by the department appropriate for the class
of vehicle being driven, and the license holder:
(i) occupies a seat beside the learner's
license [permit] holder for the purpose of giving instruction in
driving the vehicle; and
(ii) is not disqualified or subject to an
out-of-service order; or
(3) the person is authorized to drive the vehicle
under Section 522.015.
SECTION 2.32. Section 522.014, Transportation Code, is
amended to read as follows:
Sec. 522.014. LEARNER'S LICENSE [PERMIT]. The department
may issue a commercial driver learner's license [permit] to an
individual who has passed the vision and written tests required for
a Texas driver's license appropriate for the class of vehicle to be
driven.
SECTION 2.33. Section 522.015, Transportation Code, is
amended to read as follows:
Sec. 522.015. LICENSE [OR PERMIT] ISSUED BY OTHER
JURISDICTION. A person may drive a commercial motor vehicle in this
state if:
(1) the person has a commercial driver's license or
commercial driver learner's license [permit] issued by:
(A) another state in accordance with the minimum
federal standards for the issuance of a commercial motor vehicle
driver's license; or
(B) a foreign jurisdiction the testing and
licensing standards of which the United States Department of
Transportation has determined meet the requirements of the federal
act;
(2) the person's license or learner's license [permit]
is appropriate for the class of vehicle being driven;
(3) the person is not disqualified from driving a
commercial motor vehicle and is not subject to an out-of-service
order; and
(4) the person has not had a domicile in this state for
more than 30 days.
SECTION 2.34. Section 522.025, Transportation Code, is
amended to read as follows:
Sec. 522.025. LIMITATIONS ON ISSUANCE OF LICENSE [OR
PERMIT]. (a) The department may not issue a commercial driver's
license or commercial driver learner's license [permit] to a person
who is disqualified from driving a commercial motor vehicle or
while the person's driver's license or driving privilege is
suspended, revoked, or canceled in any state.
(b) The department may not issue a commercial driver's
license to a person who has a driver's license, commercial driver's
license, or commercial driver learner's license [permit] issued by
another state unless the person surrenders the license [or permit].
The department shall return a surrendered license [or permit] to
the issuing state for cancellation.
SECTION 2.35. Section 522.027, Transportation Code, is
amended to read as follows:
Sec. 522.027. MINIMUM AGE. The department may not issue a
commercial driver's license or a commercial driver learner's
license [permit] to a person who is younger than 18 years of age.
SECTION 2.36. The heading to Section 522.032,
Transportation Code, is amended to read as follows:
Sec. 522.032. CHANGE OF NAME OR ADDRESS OF LICENSE [OR
PERMIT] HOLDER; OFFENSE.
SECTION 2.37. Sections 522.032(a) and (b), Transportation
Code, are amended to read as follows:
(a) The holder of a commercial driver's license or
commercial driver learner's license [permit] who changes the
holder's name or mailing address must apply for a duplicate license
[or permit] not later than the 30th day after the date of the change
in the manner provided by Section 521.054.
(b) The holder of a commercial driver's license or
commercial driver learner's license [permit] who changes the
holder's residence address shall notify the department not later
than the 30th day after the date of the change.
SECTION 2.38. Section 522.084, Transportation Code, is
amended to read as follows:
Sec. 522.084. NOTIFICATION TO OTHER JURISDICTION. After
disqualifying a person who has a domicile in another state or in a
foreign jurisdiction, the department shall give notice of that fact
to the licensing authority of the state that issued the person's
commercial driver's license or commercial driver learner's license
[permit].
SECTION 2.39. Section 524.001(10), Transportation Code, is
amended to read as follows:
(10) "Driver's license" has the meaning assigned by
Section 521.001. The term includes a commercial driver's license
or a commercial driver learner's license [permit] issued under
Chapter 522.
SECTION 2.40. Section 543.007, Transportation Code, is
amended to read as follows:
Sec. 543.007. NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
LICENSE. A notice to appear issued to the operator of a commercial
motor vehicle or holder of a commercial driver's license or
commercial driver learner's license [permit], for the violation of
a law regulating the operation of vehicles on highways, must
contain the information required by department rule, to comply with
Chapter 522 and the federal Commercial Motor Vehicle Safety Act of
1986 (Title 49, U.S.C. Section 2701 et seq.).
SECTION 2.41. Section 543.202(b), Transportation Code, is
amended to read as follows:
(b) The record must be made on a form or by a data processing
method acceptable to the department and must include:
(1) the name, address, physical description,
including race or ethnicity, date of birth, and driver's license
number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle
as defined by Chapter 522 or was involved in transporting hazardous
materials;
(4) the person's social security number, if the person
was operating a commercial motor vehicle or was the holder of a
commercial driver's license or commercial driver learner's license
[permit];
(5) the date and nature of the offense, including
whether the offense was a serious traffic violation as defined by
Chapter 522;
(6) whether a search of the vehicle was conducted and
whether consent for the search was obtained;
(7) the plea, the judgment, whether the individual was
adjudicated under Article 45.0511, Code of Criminal Procedure, and
whether bail was forfeited;
(8) the date of conviction; and
(9) the amount of the fine or forfeiture.
ARTICLE 3. REPEALER
SECTION 3.01. Section 522.021(c-1), Transportation Code,
is repealed.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. (a) Subject to Subsection (b) of this
section, the changes in law made by this Act apply to a driver's
license, commercial driver's license, commercial driver learner's
license, or identification card issued or renewed on or after the
effective date of this Act. A driver's license, commercial driver's
license, commercial driver learner's permit, or personal
identification certificate issued or renewed before the effective
date of this Act is governed by the law in effect when the license,
permit, or certificate was issued or renewed, and the former law is
continued in effect for that purpose.
(b) The Department of Public Safety, as authorized by
Sections 521.271(c) and 522.051(g), Transportation Code, as added
by this Act, may require the renewal of a driver's license,
commercial driver's license, commercial driver learner's permit, or
personal identification certificate issued or renewed before the
effective date of this Act.
SECTION 4.02. To the extent of any conflict, this Act
prevails over another Act of the 81st Legislature, Regular Session,
2009, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4.03. This Act takes effect September 1, 2009.