81R2077 JD-D
By: Phillips H.B. No. 4675
A BILL TO BE ENTITLED
AN ACT
relating to the requirement of citizenship or lawful presence in
the United States for issuance of a driver's license, personal
identification certificate, commercial driver's license, or
commercial driver learner's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.041(b), Transportation Code, is
amended to read as follows:
(b) The department shall maintain suitable indexes, in
alphabetical or numerical order, that contain:
(1) each denied application and the reasons for the
denial;
(2) each application that is granted; [and]
(3) the name of each license holder whose license has
been suspended, canceled, or revoked and the reasons for that
action; and
(4) the citizenship status of each holder of a license
or personal identification certificate.
SECTION 2. Section 521.101, Transportation Code, is amended
by amending Subsection (f) and adding Subsections (d-1), (f-1),
(f-2), (f-3), and (f-4) to read as follows:
(d-1) Unless the information has been previously provided
to the department, the department shall require each applicant for
an original, renewal, or duplicate personal identification
certificate to furnish to the department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Subsection (f-1).
(f) A certificate issued to an applicant who is a citizen of
the United States expires on a date specified by the department,
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 that authorizes
the applicant to be in the United States.
(f-2) The department may not issue an identification
certificate to an applicant:
(1) who fails or refuses to comply with Subsection
(f-1); or
(2) whose lawful admission period in the United States
expires before the 180th day after the application date.
(f-3) An identification certificate issued to an applicant
who is not a citizen of the United States expires on the earlier of:
(1) the date that the applicant's lawful admission
period in the United States expires; or
(2) the first anniversary of the date of issuance.
(f-4) In addition to a certificate issued under this
section, Subsections (f-1), (f-2), and (f-3) apply to a personal
identification certificate for which application is made under
Section 521.103.
SECTION 3. 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 color photograph of the entire face of the
holder;
(3) the full name, date of birth, and residence
address of the holder; [and]
(4) a brief description of the holder; and
(5) a statement as to whether the holder is a citizen
of the United States.
SECTION 4. Section 521.142, Transportation Code, is amended
by amending Subsection (e) and adding Subsections (e-1) and (e-2)
to read as follows:
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility.
(e-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 that authorizes
the applicant to be in the United States.
(e-2) The department may not issue a license to an
applicant:
(1) who fails or refuses to comply with Subsection
(e-1); or
(2) whose lawful admission period in the United States
expires before the 180th day after the date of the application.
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 [Subsection] (b) and
(c), 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) Unless the information has been previously provided to
the department, the department shall require each applicant for an
original, renewal, or duplicate driver's license to furnish to the
department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Section 521.142(e-1).
SECTION 6. 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, or occupational
license issued to an applicant who is a citizen 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) 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.
(b) Except as provided by Subsection (c) and Section
521.2711, a driver's license that is renewed expires on the sixth
anniversary of the expiration date before renewal.
(c) A driver's license, provisional license, or
occupational license issued to an applicant who is not a citizen of
the United States expires on the earlier of:
(1) the date that the applicant's lawful admission
period in the United States expires; or
(2) the first anniversary of the date of issuance.
SECTION 7. Section 521.2711, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), an original or
renewal driver's license issued to an applicant who is 85 years of
age or older and not a citizen of the United States expires on the
earlier of:
(1) the date that the applicant's lawful admission
period in the United States expires; or
(2) the first anniversary of the date of issuance.
SECTION 8. Section 521.272, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) Notwithstanding Section 521.271, a driver's license
issued under this section to an applicant who is a citizen of the
United States, including a renewal, duplicate, or corrected
license, expires 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. This
subsection does not apply to:
(1) a provisional license;
(2) an instruction permit issued under Section
521.222; or
(3) a hardship license issued under Section 521.223.
(d) A driver's license issued under this section to an
applicant who is not a citizen of the United States expires on the
earlier of:
(1) the date that the applicant's lawful admission
period in the United States expires; or
(2) the first anniversary of the date of issuance.
SECTION 9. Subchapter R, Chapter 521, Transportation Code,
is amended by adding Section 521.428 to read as follows:
Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a)
Notwithstanding Sections 521.421 and 521.422, the department by
rule shall establish the amount of the fee for issuance of a license
or personal identification certificate issued to an applicant who
is not a citizen of the United States.
(b) The amount of the fee may not exceed the amount of the
fee otherwise imposed by this subchapter or the amount that is
sufficient, when added to other fees collected under this chapter,
to recover the actual costs to the department of issuing the license
or certificate.
SECTION 10. Section 522.021(c), Transportation Code, is
amended to read as follows:
(c) The application must meet the requirements of an
application under Sections [Section] 521.141, 521.142, and
521.1425 and [must] be accompanied by the fee required under
Section 522.029. The department may require documentary evidence
to verify the information required by this section [Subsection
(a)].
SECTION 11. 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), and (l).
(l) Notwithstanding any other provision of this section,
the department by rule shall establish the amount of the fee for
issuance of a commercial driver's license or commercial driver
learner's permit issued to an applicant who is not a citizen of the
United States. The amount of the fee may not exceed the amount of
the fee otherwise imposed by this subchapter or the amount that is
sufficient, when added to other fees collected under this chapter,
to recover the actual costs to the department of issuing the license
or certificate.
SECTION 12. 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 name and mailing address of the person to
whom it is issued;
(B) the person's color photograph;
(C) a physical description of the person,
including 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;
and
(J) a statement as to whether the person is a
citizen of the United States.
SECTION 13. Section 522.033, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Notwithstanding Section 522.051, a commercial driver's
license or commercial driver learner's permit issued under this
section to an applicant who is a citizen of the United States,
including a renewal, duplicate, or corrected license, expires 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.
(c) A commercial driver's license or commercial driver
learner's permit issued under this section to an applicant who is
not a citizen of the United States expires on the earlier of:
(1) the date that the applicant's lawful admission
period in the United States expires; or
(2) the first anniversary of the date of issuance.
SECTION 14. Section 522.052, Transportation Code, is
amended by adding Subsection (h) to read as follows:
(h) Unless the information has been previously provided to
the department, the department shall require each applicant for a
renewal or duplicate commercial driver's license to furnish to the
department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Section 521.142(e-1).
SECTION 15. The changes in law made by this Act apply only
to a driver's license, personal identification certificate,
commercial driver's license, or commercial driver learner's permit
issued or renewed on or after the effective date of this Act. A
driver's license, personal identification certificate, commercial
driver's license, or commercial driver learner's permit issued or
renewed before the effective date of this Act is governed by the law
in effect when the license, certificate, or permit was issued, and
the former law is continued in effect for that purpose.
SECTION 16. This Act takes effect September 1, 2009.