Texas 2009 - 81st Regular

Texas House Bill HB4675 Compare Versions

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

Old	New	Differences
1	1	81R2077 JD-D
2	2	By: Phillips H.B. No. 4675
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirement of citizenship or lawful presence in
8	8	the United States for issuance of a driver's license, personal
9	9	identification certificate, commercial driver's license, or
10	10	commercial driver learner's permit.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 521.041(b), Transportation Code, is
13	13	amended to read as follows:
14	14	(b) The department shall maintain suitable indexes, in
15	15	alphabetical or numerical order, that contain:
16	16	(1) each denied application and the reasons for the
17	17	denial;
18	18	(2) each application that is granted; [and]
19	19	(3) the name of each license holder whose license has
20	20	been suspended, canceled, or revoked and the reasons for that
21	21	action; and
22	22	(4) the citizenship status of each holder of a license
23	23	or personal identification certificate.
24	24	SECTION 2. Section 521.101, Transportation Code, is amended
25	25	by amending Subsection (f) and adding Subsections (d-1), (f-1),
26	26	(f-2), (f-3), and (f-4) to read as follows:
27	27	(d-1) Unless the information has been previously provided
28	28	to the department, the department shall require each applicant for
29	29	an original, renewal, or duplicate personal identification
30	30	certificate to furnish to the department:
31	31	(1) proof of the applicant's United States
32	32	citizenship; or
33	33	(2) documentation described by Subsection (f-1).
34	34	(f) A certificate issued to an applicant who is a citizen of
35	35	the United States expires on a date specified by the department,
36	36	except that a certificate issued to a person 60 years of age or
37	37	older does not expire.
38	38	(f-1) A person who is not a citizen of the United States must
39	39	present to the department documentation issued by the United States
40	40	agency responsible for citizenship and immigration that authorizes
41	41	the applicant to be in the United States.
42	42	(f-2) The department may not issue an identification
43	43	certificate to an applicant:
44	44	(1) who fails or refuses to comply with Subsection
45	45	(f-1); or
46	46	(2) whose lawful admission period in the United States
47	47	expires before the 180th day after the application date.
48	48	(f-3) An identification certificate issued to an applicant
49	49	who is not a citizen of the United States expires on the earlier of:
50	50	(1) the date that the applicant's lawful admission
51	51	period in the United States expires; or
52	52	(2) the first anniversary of the date of issuance.
53	53	(f-4) In addition to a certificate issued under this
54	54	section, Subsections (f-1), (f-2), and (f-3) apply to a personal
55	55	identification certificate for which application is made under
56	56	Section 521.103.
57	57	SECTION 3. Section 521.121(a), Transportation Code, is
58	58	amended to read as follows:
59	59	(a) The driver's license must include:
60	60	(1) a distinguishing number assigned by the department
61	61	to the license holder;
62	62	(2) a color photograph of the entire face of the
63	63	holder;
64	64	(3) the full name, date of birth, and residence
65	65	address of the holder; [and]
66	66	(4) a brief description of the holder; and
67	67	(5) a statement as to whether the holder is a citizen
68	68	of the United States.
69	69	SECTION 4. Section 521.142, Transportation Code, is amended
70	70	by amending Subsection (e) and adding Subsections (e-1) and (e-2)
71	71	to read as follows:
72	72	(e) The application must include any other information the
73	73	department requires to determine the applicant's identity,
74	74	residency, competency, and eligibility.
75	75	(e-1) A person who is not a citizen of the United States must
76	76	present to the department documentation issued by the United States
77	77	agency responsible for citizenship and immigration that authorizes
78	78	the applicant to be in the United States.
79	79	(e-2) The department may not issue a license to an
80	80	applicant:
81	81	(1) who fails or refuses to comply with Subsection
82	82	(e-1); or
83	83	(2) whose lawful admission period in the United States
84	84	expires before the 180th day after the date of the application.
85	85	SECTION 5. Section 521.1425, Transportation Code, is
86	86	amended by amending Subsection (a) and adding Subsection (c) to
87	87	read as follows:
88	88	(a) Except as provided by Subsections [Subsection] (b) and
89	89	(c), the department may require each applicant for an original,
90	90	renewal, or duplicate driver's license to furnish to the department
91	91	the information required by Section 521.142.
92	92	(c) Unless the information has been previously provided to
93	93	the department, the department shall require each applicant for an
94	94	original, renewal, or duplicate driver's license to furnish to the
95	95	department:
96	96	(1) proof of the applicant's United States
97	97	citizenship; or
98	98	(2) documentation described by Section 521.142(e-1).
99	99	SECTION 6. Section 521.271, Transportation Code, is amended
100	100	to read as follows:
101	101	Sec. 521.271. LICENSE EXPIRATION. (a) Each original
102	102	driver's license, [and] provisional license, or occupational
103	103	license issued to an applicant who is a citizen of the United States
104	104	expires as follows:
105	105	(1) except as provided by Section 521.2711, a driver's
106	106	license expires on the first birthday of the license holder
107	107	occurring after the sixth anniversary of the date of the
108	108	application;
109	109	(2) a provisional license expires on the earlier of:
110	110	(A) the 18th birthday of the license holder; or
111	111	(B) the first birthday of the license holder
112	112	occurring after the date of the application;
113	113	(3) an instruction permit expires on the second
114	114	birthday of the license holder occurring after the date of the
115	115	application; and
116	116	(4) an occupational license expires on the first
117	117	anniversary of the court order granting the license.
118	118	(b) Except as provided by Subsection (c) and Section
119	119	521.2711, a driver's license that is renewed expires on the sixth
120	120	anniversary of the expiration date before renewal.
121	121	(c) A driver's license, provisional license, or
122	122	occupational license issued to an applicant who is not a citizen of
123	123	the United States expires on the earlier of:
124	124	(1) the date that the applicant's lawful admission
125	125	period in the United States expires; or
126	126	(2) the first anniversary of the date of issuance.
127	127	SECTION 7. Section 521.2711, Transportation Code, is
128	128	amended by adding Subsection (c) to read as follows:
129	129	(c) Notwithstanding Subsections (a) and (b), an original or
130	130	renewal driver's license issued to an applicant who is 85 years of
131	131	age or older and not a citizen of the United States expires on the
132	132	earlier of:
133	133	(1) the date that the applicant's lawful admission
134	134	period in the United States expires; or
135	135	(2) the first anniversary of the date of issuance.
136	136	SECTION 8. Section 521.272, Transportation Code, is amended
137	137	by amending Subsection (c) and adding Subsection (d) to read as
138	138	follows:
139	139	(c) Notwithstanding Section 521.271, a driver's license
140	140	issued under this section to an applicant who is a citizen of the
141	141	United States, including a renewal, duplicate, or corrected
142	142	license, expires on the first birthday of the license holder
143	143	occurring after the date of application, except that the initial
144	144	license issued under this section expires on the second birthday of
145	145	the license holder occurring after the date of application. This
146	146	subsection does not apply to:
147	147	(1) a provisional license;
148	148	(2) an instruction permit issued under Section
149	149	521.222; or
150	150	(3) a hardship license issued under Section 521.223.
151	151	(d) A driver's license issued under this section to an
152	152	applicant who is not a citizen of the United States expires on the
153	153	earlier of:
154	154	(1) the date that the applicant's lawful admission
155	155	period in the United States expires; or
156	156	(2) the first anniversary of the date of issuance.
157	157	SECTION 9. Subchapter R, Chapter 521, Transportation Code,
158	158	is amended by adding Section 521.428 to read as follows:
159	159	Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION
160	160	CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a)
161	161	Notwithstanding Sections 521.421 and 521.422, the department by
162	162	rule shall establish the amount of the fee for issuance of a license
163	163	or personal identification certificate issued to an applicant who
164	164	is not a citizen of the United States.
165	165	(b) The amount of the fee may not exceed the amount of the
166	166	fee otherwise imposed by this subchapter or the amount that is
167	167	sufficient, when added to other fees collected under this chapter,
168	168	to recover the actual costs to the department of issuing the license
169	169	or certificate.
170	170	SECTION 10. Section 522.021(c), Transportation Code, is
171	171	amended to read as follows:
172	172	(c) The application must meet the requirements of an
173	173	application under Sections [Section] 521.141, 521.142, and
174	174	521.1425 and [must] be accompanied by the fee required under
175	175	Section 522.029. The department may require documentary evidence
176	176	to verify the information required by this section [Subsection
177	177	(a)].
178	178	SECTION 11. Section 522.029, Transportation Code, is
179	179	amended by amending Subsection (a) and adding Subsection (l) to
180	180	read as follows:
181	181	(a) The fee for a commercial driver's license or commercial
182	182	driver learner's permit issued by the department is $60, except as
183	183	provided by Subsections (f), (h), [and] (j), and (l).
184	184	(l) Notwithstanding any other provision of this section,
185	185	the department by rule shall establish the amount of the fee for
186	186	issuance of a commercial driver's license or commercial driver
187	187	learner's permit issued to an applicant who is not a citizen of the
188	188	United States. The amount of the fee may not exceed the amount of
189	189	the fee otherwise imposed by this subchapter or the amount that is
190	190	sufficient, when added to other fees collected under this chapter,
191	191	to recover the actual costs to the department of issuing the license
192	192	or certificate.
193	193	SECTION 12. Section 522.030, Transportation Code, is
194	194	amended to read as follows:
195	195	Sec. 522.030. CONTENT OF LICENSE. A commercial driver's
196	196	license must:
197	197	(1) be marked "Commercial Driver License" or "CDL";
198	198	(2) be, to the extent practicable, tamper-proof; and
199	199	(3) include:
200	200	(A) the name and mailing address of the person to
201	201	whom it is issued;
202	202	(B) the person's color photograph;
203	203	(C) a physical description of the person,
204	204	including sex, height, and eye color;
205	205	(D) the person's date of birth;
206	206	(E) a number or identifier the department
207	207	considers appropriate;
208	208	(F) the person's signature;
209	209	(G) each class of commercial motor vehicle that
210	210	the person is authorized to drive, with any endorsements or
211	211	restrictions;
212	212	(H) the name of this state; [and]
213	213	(I) the dates between which the license is valid;
214	214	and
215	215	(J) a statement as to whether the person is a
216	216	citizen of the United States.
217	217	SECTION 13. Section 522.033, Transportation Code, is
218	218	amended by amending Subsection (b) and adding Subsection (c) to
219	219	read as follows:
220	220	(b) Notwithstanding Section 522.051, a commercial driver's
221	221	license or commercial driver learner's permit issued under this
222	222	section to an applicant who is a citizen of the United States,
223	223	including a renewal, duplicate, or corrected license, expires on
224	224	the first birthday of the license holder occurring after the date of
225	225	application, except that the initial license issued under this
226	226	section expires on the second birthday of the license holder
227	227	occurring after the date of application.
228	228	(c) A commercial driver's license or commercial driver
229	229	learner's permit issued under this section to an applicant who is
230	230	not a citizen of the United States expires on the earlier of:
231	231	(1) the date that the applicant's lawful admission
232	232	period in the United States expires; or
233	233	(2) the first anniversary of the date of issuance.
234	234	SECTION 14. Section 522.052, Transportation Code, is
235	235	amended by adding Subsection (h) to read as follows:
236	236	(h) Unless the information has been previously provided to
237	237	the department, the department shall require each applicant for a
238	238	renewal or duplicate commercial driver's license to furnish to the
239	239	department:
240	240	(1) proof of the applicant's United States
241	241	citizenship; or
242	242	(2) documentation described by Section 521.142(e-1).
243	243	SECTION 15. The changes in law made by this Act apply only
244	244	to a driver's license, personal identification certificate,
245	245	commercial driver's license, or commercial driver learner's permit
246	246	issued or renewed on or after the effective date of this Act. A
247	247	driver's license, personal identification certificate, commercial
248	248	driver's license, or commercial driver learner's permit issued or
249	249	renewed before the effective date of this Act is governed by the law
250	250	in effect when the license, certificate, or permit was issued, and
251	251	the former law is continued in effect for that purpose.
252	252	SECTION 16. This Act takes effect September 1, 2009.