81R321 MSE-F
By: Howard of Fort Bend H.B. No. 4480
A BILL TO BE ENTITLED
AN ACT
relating to documentary evidence of citizenship or other status as
a requirement for issuance of certain identification documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.063 to read as follows:
Sec. 7.063. IDENTIFICATION DOCUMENT REQUIREMENTS. (a) The
commissioner by rule shall establish procedures that comply with
the requirements of this section for school districts and
open-enrollment charter schools to abide by in the issuance of
identification documents to individuals.
(b) The procedures must provide that a school district or
open-enrollment charter school may not issue an identification
document identifying an individual as an administrator, faculty
member, student, or employee of the school district or school
unless the individual:
(1) provides evidence that the person is a United
States citizen, a United States national, or a legal permanent
resident alien; or
(2) presents, in person, documentary evidence of:
(A) unexpired immigrant or nonimmigrant visa
status for admission into the United States;
(B) a pending or approved application for asylum
in the United States;
(C) admission into the United States in refugee
status;
(D) a pending or approved application for
temporary protected status in the United States;
(E) approved deferred action status; or
(F) a pending application for adjustment of
status to legal permanent resident or conditional resident status.
(c) A school district or open-enrollment charter school may
not issue an identification document to an individual under
Subsection (b)(2) unless the document:
(1) complies with this section and the rules adopted
under this section; and
(2) is valid only:
(A) for the period the individual is authorized
to stay in the United States; or
(B) if there is not a definite end to the
authorized stay, for the lesser of one year or the period the
identification document is normally valid.
(d) An identification document issued to an individual
under Subsection (b)(2) must include:
(1) a clear and conspicuous statement on the face of
the document indicating the document is temporary and valid only
for use on the school's campus; and
(2) the document's expiration date.
(e) An individual may renew an identification document
issued under Subsection (b)(2) only by presenting, in person,
documentary evidence described by Subsection (b)(2).
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.973 to read as follows:
Sec. 51.973. IDENTIFICATION DOCUMENT REQUIREMENTS. (a)
The Texas Higher Education Coordinating Board by rule shall
establish procedures for an institution of higher education, as
defined by Section 61.003, to abide by in the issuance of an
identification document to an individual.
(b) The procedures must provide that an institution of
higher education may not issue an identification document
identifying an individual as an administrator, faculty member,
student, or employee of the institution unless the individual:
(1) provides evidence that the person is a United
States citizen, a United States national, or a legal permanent
resident alien; or
(2) presents, in person, documentary evidence of:
(A) unexpired immigrant or nonimmigrant visa
status for admission into the United States;
(B) a pending or approved application for asylum
in the United States;
(C) admission into the United States in refugee
status;
(D) a pending or approved application for
temporary protected status in the United States;
(E) approved deferred action status; or
(F) a pending application for adjustment of
status to legal permanent resident or conditional resident status.
(c) An institution of higher education may not issue an
identification document to an individual under Subsection (b)(2)
unless the document:
(1) complies with this section and the rules adopted
under this section; and
(2) is valid only:
(A) for the period the individual is authorized
to stay in the United States; or
(B) if there is not a definite end to the
authorized stay, for the lesser of one year or the period the
identification document is normally valid.
(d) An identification document issued to an individual
under Subsection (b)(2) must include:
(1) a clear and conspicuous statement on the face of
the document indicating the document is temporary and valid only
for use on the institution's campus; and
(2) the document's expiration date.
(e) An individual may renew an identification document
issued under Subsection (b)(2) only by presenting, in person,
documentary evidence described by Subsection (b)(2).
SECTION 3. Section 521.101, Transportation Code, is amended
by adding Subsection (d-1) and amending Subsection (f) to read as
follows:
(d-1) The department shall require each applicant for an
original, renewal, or duplicate personal identification
certificate to provide to the department the information required
by Section 521.142(b)(5). This subsection does not apply to an
applicant who previously provided information to the department
under Section 521.142(b)(5)(A).
(f) A certificate expires on a date specified by the
department, except that:
(1) a certificate issued to a person 60 years of age or
older, other than a person described by Subdivision (2), does not
expire; and
(2) a certificate issued to a person who is not a
citizen or national of the United States or a legal permanent
resident alien expires on a date corresponding to the end of the
period of legal stay as indicated by documentation issued by the
United States Citizenship and Immigration Services or another
federal agency responsible for citizenship and immigration.
SECTION 4. Section 521.142, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (i) to read as
follows:
(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 photograph of the applicant;
(3) the signature of the applicant; [and]
(4) a brief description of the applicant; and
(5) proof that the applicant:
(A) is a United States citizen, a United States
national, or a legal permanent resident alien; or
(B) is authorized to be in the United States in
accordance with Subsection (i).
(i) For an original, renewal, or duplicate license, an
applicant who is required to provide proof under Subsection
(b)(5)(B) must present to the department documentary evidence,
issued by the United States Citizenship and Immigration Services or
another federal agency responsible for citizenship and
immigration, authorizing the applicant to be in the United States.
The documentation must provide evidence of:
(1) unexpired immigrant or nonimmigrant visa status
for admission into the United States;
(2) a pending or approved application for asylum in
the United States;
(3) admission into the United States in refugee
status;
(4) a pending or approved application for temporary
protected status in the United States;
(5) approved deferred action status; or
(6) a pending application for adjustment of status to
legal permanent resident or conditional resident status.
SECTION 5. Section 521.1425, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections (b) and (c)
[Subsection (b)], the department may require each applicant for an
original, renewal, or duplicate driver's license to furnish to the
department the information required by Section 521.142.
(c) The department shall require each applicant for a
renewal or duplicate license to furnish to the department the
information required by Section 521.142(b)(5). This subsection
does not apply to an applicant who previously furnished information
to the department under Section 521.142(b)(5)(A).
SECTION 6. Section 521.271(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Sections 521.2711 and 521.2715,
each [Each] original driver's license and provisional license
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) 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.
SECTION 7. Subchapter M, Chapter 521, Transportation Code,
is amended by adding Section 521.2715 to read as follows:
Sec. 521.2715. LICENSE EXPIRATION: NONCITIZENS AND
TEMPORARY RESIDENTS. A driver's license held by a person who is not
a citizen or national of the United States or a legal permanent
resident alien, including a renewal, duplicate, or corrected
license, expires on the earlier of:
(1) the date specified in Section 521.271 or 521.2711,
as applicable; or
(2) the date corresponding to the end of the period of
legal stay as indicated by documentation issued by the United
States Citizenship and Immigration Services or another federal
agency responsible for citizenship and immigration.
SECTION 8. Section 521.421, Transportation Code, is amended
by adding Subsection (k) to read as follows:
(k) If a driver's license issued to a person who is not a
citizen or national of the United States or a legal permanent
resident alien expires before the date specified in Section
521.271, the department shall prorate the fee according to the
number of years the license is to be in effect.
SECTION 9. Section 521.422(a), Transportation Code, is
amended to read as follows:
(a) The fee for a personal identification 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; and
(4) for a certificate issued to a person under Section
521.101(f)(2), the lesser of:
(A) $3 for each year the certificate is valid; or
(B) $15.
SECTION 10. Section 522.021(a), Transportation Code, is
amended to read as follows:
(a) An application for a commercial driver's license or
commercial driver learner's permit must include:
(1) the full name and current residence and mailing
address of the applicant;
(2) a physical description of the applicant, including
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 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) the information required by Section
521.142(b)(5); and
(7) any other information required by the department.
SECTION 11. Section 522.029(j), Transportation Code, as
added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (k) to read as
follows:
(k) [(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 12. Section 522.029, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (l) to
read as follows:
(a) The fee for a commercial driver's license or commercial
driver learner's permit issued by the department is $60, except as
provided by Subsections (f), (h), [and] (j), (k), and (l).
(l) If a commercial driver's license or commercial driver
learner's permit issued to a person who is not a citizen or national
of the United States or a legal permanent resident alien expires
before the date specified in Section 522.051, the department shall
prorate the fee according to the number of years the license or
permit is to be in effect.
SECTION 13. 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, 522.0515, and 522.054, an original
commercial driver's license or commercial driver learner's permit
expires five years after the applicant's next birthday.
SECTION 14. Subchapter E, Chapter 522, Transportation Code,
is amended by adding Section 522.0515 to read as follows:
Sec. 522.0515. EXPIRATION OF LICENSE OR PERMIT:
NONCITIZENS AND TEMPORARY RESIDENTS. A commercial driver's license
or commercial driver learner's permit held by a person who is not a
citizen or national of the United States or a legal permanent
resident alien, including a renewal, duplicate, or corrected
license, expires on the earlier of:
(1) the date specified in Section 522.051 or 522.052;
or
(2) the date corresponding to the end of the period of
legal stay as indicated by documentation issued by the United
States Citizenship and Immigration Services or another federal
agency responsible for citizenship and immigration.
SECTION 15. Section 522.052, Transportation Code, is
amended by adding Subsection (h) to read as follows:
(h) The department shall require each applicant for a
renewal or duplicate commercial driver's license to provide to the
department the information required by Section 521.142(b)(5). This
subsection does not apply to an applicant who previously provided
information to the department under Section 521.142(b)(5)(A).
SECTION 16. The changes in law made by this Act to Chapters
521 and 522, Transportation Code, apply only to an original,
renewal, or duplicate application for a driver's license, personal
identification certificate, commercial driver's license, or
commercial driver learner's permit submitted on or after the
effective date of this Act.
SECTION 17. (a) The commissioner of education shall adopt
rules necessary to administer Section 7.063, Education Code, as
added by this Act.
(b) The Texas Higher Education Coordinating Board shall
adopt rules necessary to administer Section 51.973, Education Code,
as added by this Act.
SECTION 18. Sections 7.063 and 51.973, Education Code, as
added by this Act, apply beginning with the 2009-2010 school year.
SECTION 19. This Act takes effect September 1, 2009.