Texas 2009 - 81st Regular

Texas House Bill HB4480 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R321 MSE-F
2	2	By: Howard of Fort Bend H.B. No. 4480
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to documentary evidence of citizenship or other status as
8	8	a requirement for issuance of certain identification documents.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 7, Education Code, is
11	11	amended by adding Section 7.063 to read as follows:
12	12	Sec. 7.063. IDENTIFICATION DOCUMENT REQUIREMENTS. (a) The
13	13	commissioner by rule shall establish procedures that comply with
14	14	the requirements of this section for school districts and
15	15	open-enrollment charter schools to abide by in the issuance of
16	16	identification documents to individuals.
17	17	(b) The procedures must provide that a school district or
18	18	open-enrollment charter school may not issue an identification
19	19	document identifying an individual as an administrator, faculty
20	20	member, student, or employee of the school district or school
21	21	unless the individual:
22	22	(1) provides evidence that the person is a United
23	23	States citizen, a United States national, or a legal permanent
24	24	resident alien; or
25	25	(2) presents, in person, documentary evidence of:
26	26	(A) unexpired immigrant or nonimmigrant visa
27	27	status for admission into the United States;
28	28	(B) a pending or approved application for asylum
29	29	in the United States;
30	30	(C) admission into the United States in refugee
31	31	status;
32	32	(D) a pending or approved application for
33	33	temporary protected status in the United States;
34	34	(E) approved deferred action status; or
35	35	(F) a pending application for adjustment of
36	36	status to legal permanent resident or conditional resident status.
37	37	(c) A school district or open-enrollment charter school may
38	38	not issue an identification document to an individual under
39	39	Subsection (b)(2) unless the document:
40	40	(1) complies with this section and the rules adopted
41	41	under this section; and
42	42	(2) is valid only:
43	43	(A) for the period the individual is authorized
44	44	to stay in the United States; or
45	45	(B) if there is not a definite end to the
46	46	authorized stay, for the lesser of one year or the period the
47	47	identification document is normally valid.
48	48	(d) An identification document issued to an individual
49	49	under Subsection (b)(2) must include:
50	50	(1) a clear and conspicuous statement on the face of
51	51	the document indicating the document is temporary and valid only
52	52	for use on the school's campus; and
53	53	(2) the document's expiration date.
54	54	(e) An individual may renew an identification document
55	55	issued under Subsection (b)(2) only by presenting, in person,
56	56	documentary evidence described by Subsection (b)(2).
57	57	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
58	58	amended by adding Section 51.973 to read as follows:
59	59	Sec. 51.973. IDENTIFICATION DOCUMENT REQUIREMENTS. (a)
60	60	The Texas Higher Education Coordinating Board by rule shall
61	61	establish procedures for an institution of higher education, as
62	62	defined by Section 61.003, to abide by in the issuance of an
63	63	identification document to an individual.
64	64	(b) The procedures must provide that an institution of
65	65	higher education may not issue an identification document
66	66	identifying an individual as an administrator, faculty member,
67	67	student, or employee of the institution unless the individual:
68	68	(1) provides evidence that the person is a United
69	69	States citizen, a United States national, or a legal permanent
70	70	resident alien; or
71	71	(2) presents, in person, documentary evidence of:
72	72	(A) unexpired immigrant or nonimmigrant visa
73	73	status for admission into the United States;
74	74	(B) a pending or approved application for asylum
75	75	in the United States;
76	76	(C) admission into the United States in refugee
77	77	status;
78	78	(D) a pending or approved application for
79	79	temporary protected status in the United States;
80	80	(E) approved deferred action status; or
81	81	(F) a pending application for adjustment of
82	82	status to legal permanent resident or conditional resident status.
83	83	(c) An institution of higher education may not issue an
84	84	identification document to an individual under Subsection (b)(2)
85	85	unless the document:
86	86	(1) complies with this section and the rules adopted
87	87	under this section; and
88	88	(2) is valid only:
89	89	(A) for the period the individual is authorized
90	90	to stay in the United States; or
91	91	(B) if there is not a definite end to the
92	92	authorized stay, for the lesser of one year or the period the
93	93	identification document is normally valid.
94	94	(d) An identification document issued to an individual
95	95	under Subsection (b)(2) must include:
96	96	(1) a clear and conspicuous statement on the face of
97	97	the document indicating the document is temporary and valid only
98	98	for use on the institution's campus; and
99	99	(2) the document's expiration date.
100	100	(e) An individual may renew an identification document
101	101	issued under Subsection (b)(2) only by presenting, in person,
102	102	documentary evidence described by Subsection (b)(2).
103	103	SECTION 3. Section 521.101, Transportation Code, is amended
104	104	by adding Subsection (d-1) and amending Subsection (f) to read as
105	105	follows:
106	106	(d-1) The department shall require each applicant for an
107	107	original, renewal, or duplicate personal identification
108	108	certificate to provide to the department the information required
109	109	by Section 521.142(b)(5). This subsection does not apply to an
110	110	applicant who previously provided information to the department
111	111	under Section 521.142(b)(5)(A).
112	112	(f) A certificate expires on a date specified by the
113	113	department, except that:
114	114	(1) a certificate issued to a person 60 years of age or
115	115	older, other than a person described by Subdivision (2), does not
116	116	expire; and
117	117	(2) a certificate issued to a person who is not a
118	118	citizen or national of the United States or a legal permanent
119	119	resident alien expires on a date corresponding to the end of the
120	120	period of legal stay as indicated by documentation issued by the
121	121	United States Citizenship and Immigration Services or another
122	122	federal agency responsible for citizenship and immigration.
123	123	SECTION 4. Section 521.142, Transportation Code, is amended
124	124	by amending Subsection (b) and adding Subsection (i) to read as
125	125	follows:
126	126	(b) The application must include:
127	127	(1) the thumbprints of the applicant or, if
128	128	thumbprints cannot be taken, the index fingerprints of the
129	129	applicant;
130	130	(2) a photograph of the applicant;
131	131	(3) the signature of the applicant; [and]
132	132	(4) a brief description of the applicant; and
133	133	(5) proof that the applicant:
134	134	(A) is a United States citizen, a United States
135	135	national, or a legal permanent resident alien; or
136	136	(B) is authorized to be in the United States in
137	137	accordance with Subsection (i).
138	138	(i) For an original, renewal, or duplicate license, an
139	139	applicant who is required to provide proof under Subsection
140	140	(b)(5)(B) must present to the department documentary evidence,
141	141	issued by the United States Citizenship and Immigration Services or
142	142	another federal agency responsible for citizenship and
143	143	immigration, authorizing the applicant to be in the United States.
144	144	The documentation must provide evidence of:
145	145	(1) unexpired immigrant or nonimmigrant visa status
146	146	for admission into the United States;
147	147	(2) a pending or approved application for asylum in
148	148	the United States;
149	149	(3) admission into the United States in refugee
150	150	status;
151	151	(4) a pending or approved application for temporary
152	152	protected status in the United States;
153	153	(5) approved deferred action status; or
154	154	(6) a pending application for adjustment of status to
155	155	legal permanent resident or conditional resident status.
156	156	SECTION 5. Section 521.1425, Transportation Code, is
157	157	amended by amending Subsection (a) and adding Subsection (c) to
158	158	read as follows:
159	159	(a) Except as provided by Subsections (b) and (c)
160	160	[Subsection (b)], the department may require each applicant for an
161	161	original, renewal, or duplicate driver's license to furnish to the
162	162	department the information required by Section 521.142.
163	163	(c) The department shall require each applicant for a
164	164	renewal or duplicate license to furnish to the department the
165	165	information required by Section 521.142(b)(5). This subsection
166	166	does not apply to an applicant who previously furnished information
167	167	to the department under Section 521.142(b)(5)(A).
168	168	SECTION 6. Section 521.271(a), Transportation Code, is
169	169	amended to read as follows:
170	170	(a) Except as provided by Sections 521.2711 and 521.2715,
171	171	each [Each] original driver's license and provisional license
172	172	expires as follows:
173	173	(1) [except as provided by Section 521.2711,] a
174	174	driver's license expires on the first birthday of the license
175	175	holder occurring after the sixth anniversary of the date of the
176	176	application;
177	177	(2) a provisional license expires on the earlier of:
178	178	(A) the 18th birthday of the license holder; or
179	179	(B) the first birthday of the license holder
180	180	occurring after the date of the application;
181	181	(3) an instruction permit expires on the second
182	182	birthday of the license holder occurring after the date of the
183	183	application; and
184	184	(4) an occupational license expires on the first
185	185	anniversary of the court order granting the license.
186	186	SECTION 7. Subchapter M, Chapter 521, Transportation Code,
187	187	is amended by adding Section 521.2715 to read as follows:
188	188	Sec. 521.2715. LICENSE EXPIRATION: NONCITIZENS AND
189	189	TEMPORARY RESIDENTS. A driver's license held by a person who is not
190	190	a citizen or national of the United States or a legal permanent
191	191	resident alien, including a renewal, duplicate, or corrected
192	192	license, expires on the earlier of:
193	193	(1) the date specified in Section 521.271 or 521.2711,
194	194	as applicable; or
195	195	(2) the date corresponding to the end of the period of
196	196	legal stay as indicated by documentation issued by the United
197	197	States Citizenship and Immigration Services or another federal
198	198	agency responsible for citizenship and immigration.
199	199	SECTION 8. Section 521.421, Transportation Code, is amended
200	200	by adding Subsection (k) to read as follows:
201	201	(k) If a driver's license issued to a person who is not a
202	202	citizen or national of the United States or a legal permanent
203	203	resident alien expires before the date specified in Section
204	204	521.271, the department shall prorate the fee according to the
205	205	number of years the license is to be in effect.
206	206	SECTION 9. Section 521.422(a), Transportation Code, is
207	207	amended to read as follows:
208	208	(a) The fee for a personal identification certificate is:
209	209	(1) $15 for a person under 60 years of age;
210	210	(2) $5 for a person 60 years of age or older; [and]
211	211	(3) $20 for a person subject to the registration
212	212	requirements under Chapter 62, Code of Criminal Procedure; and
213	213	(4) for a certificate issued to a person under Section
214	214	521.101(f)(2), the lesser of:
215	215	(A) $3 for each year the certificate is valid; or
216	216	(B) $15.
217	217	SECTION 10. Section 522.021(a), Transportation Code, is
218	218	amended to read as follows:
219	219	(a) An application for a commercial driver's license or
220	220	commercial driver learner's permit must include:
221	221	(1) the full name and current residence and mailing
222	222	address of the applicant;
223	223	(2) a physical description of the applicant, including
224	224	sex, height, and eye color;
225	225	(3) the applicant's date of birth;
226	226	(4) the applicant's social security number, unless the
227	227	application is for a nonresident commercial driver's license and
228	228	the applicant is a resident of a foreign jurisdiction;
229	229	(5) certifications, including those required by 49
230	230	C.F.R. Section 383.71(a); [and]
231	231	(6) the information required by Section
232	232	521.142(b)(5); and
233	233	(7) any other information required by the department.
234	234	SECTION 11. Section 522.029(j), Transportation Code, as
235	235	added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature,
236	236	Regular Session, 2007, is relettered as Subsection (k) to read as
237	237	follows:
238	238	(k) [(j)] The fee for a nonresident commercial driver's
239	239	license is $120. The fee for a temporary nonresident commercial
240	240	driver's license is $20.
241	241	SECTION 12. Section 522.029, Transportation Code, is
242	242	amended by amending Subsection (a) and adding Subsection (l) to
243	243	read as follows:
244	244	(a) The fee for a commercial driver's license or commercial
245	245	driver learner's permit issued by the department is $60, except as
246	246	provided by Subsections (f), (h), [and] (j), (k), and (l).
247	247	(l) If a commercial driver's license or commercial driver
248	248	learner's permit issued to a person who is not a citizen or national
249	249	of the United States or a legal permanent resident alien expires
250	250	before the date specified in Section 522.051, the department shall
251	251	prorate the fee according to the number of years the license or
252	252	permit is to be in effect.
253	253	SECTION 13. Section 522.051(a), Transportation Code, as
254	254	amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of the
255	255	80th Legislature, Regular Session, 2007, is reenacted and amended
256	256	to read as follows:
257	257	(a) Except as provided by Subsection (f) and Sections
258	258	522.013(e), [and] 522.033, 522.0515, and 522.054, an original
259	259	commercial driver's license or commercial driver learner's permit
260	260	expires five years after the applicant's next birthday.
261	261	SECTION 14. Subchapter E, Chapter 522, Transportation Code,
262	262	is amended by adding Section 522.0515 to read as follows:
263	263	Sec. 522.0515. EXPIRATION OF LICENSE OR PERMIT:
264	264	NONCITIZENS AND TEMPORARY RESIDENTS. A commercial driver's license
265	265	or commercial driver learner's permit held by a person who is not a
266	266	citizen or national of the United States or a legal permanent
267	267	resident alien, including a renewal, duplicate, or corrected
268	268	license, expires on the earlier of:
269	269	(1) the date specified in Section 522.051 or 522.052;
270	270	or
271	271	(2) the date corresponding to the end of the period of
272	272	legal stay as indicated by documentation issued by the United
273	273	States Citizenship and Immigration Services or another federal
274	274	agency responsible for citizenship and immigration.
275	275	SECTION 15. Section 522.052, Transportation Code, is
276	276	amended by adding Subsection (h) to read as follows:
277	277	(h) The department shall require each applicant for a
278	278	renewal or duplicate commercial driver's license to provide to the
279	279	department the information required by Section 521.142(b)(5). This
280	280	subsection does not apply to an applicant who previously provided
281	281	information to the department under Section 521.142(b)(5)(A).
282	282	SECTION 16. The changes in law made by this Act to Chapters
283	283	521 and 522, Transportation Code, apply only to an original,
284	284	renewal, or duplicate application for a driver's license, personal
285	285	identification certificate, commercial driver's license, or
286	286	commercial driver learner's permit submitted on or after the
287	287	effective date of this Act.
288	288	SECTION 17. (a) The commissioner of education shall adopt
289	289	rules necessary to administer Section 7.063, Education Code, as
290	290	added by this Act.
291	291	(b) The Texas Higher Education Coordinating Board shall
292	292	adopt rules necessary to administer Section 51.973, Education Code,
293	293	as added by this Act.
294	294	SECTION 18. Sections 7.063 and 51.973, Education Code, as
295	295	added by this Act, apply beginning with the 2009-2010 school year.
296	296	SECTION 19. This Act takes effect September 1, 2009.