Texas 2009 - 81st Regular

Texas Senate Bill SB1784 Compare Versions

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1	1	By: Carona S.B. No. 1784
2	2	(In the Senate - Filed March 11, 2009; March 20, 2009, read
3	3	first time and referred to Committee on Transportation and Homeland
4	4	Security; April 22, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 3;
6	6	April 22, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1784 By: Carona
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the requirement of citizenship or lawful presence in
13	13	the United States for issuance of a driver's license, personal
14	14	identification certificate, commercial driver's license, or
15	15	commercial driver learner's permit.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subsection (b), Section 521.041, Transportation
18	18	Code, is amended to read as follows:
19	19	(b) The department shall maintain suitable indexes, in
20	20	alphabetical or numerical order, that contain:
21	21	(1) each denied application and the reasons for the
22	22	denial;
23	23	(2) each application that is granted; [and]
24	24	(3) the name of each license holder whose license has
25	25	been suspended, canceled, or revoked and the reasons for that
26	26	action; and
27	27	(4) the citizenship status of each holder of a license
28	28	or personal identification certificate.
29	29	SECTION 2. Section 521.101, Transportation Code, is amended
30	30	by amending Subsection (f) and adding Subsections (d-1), (f-1),
31	31	(f-2), and (f-3) to read as follows:
32	32	(d-1) Unless the information has been previously provided
33	33	to the department, the department shall require each applicant for
34	34	an original, renewal, or duplicate personal identification
35	35	certificate to furnish to the department:
36	36	(1) proof of the applicant's United States
37	37	citizenship; or
38	38	(2) documentation described by Subsection (f-1).
39	39	(f) A certificate expires:
40	40	(1) on a date specified by the department, if the
41	41	applicant is a citizen or lawful permanent resident of the United
42	42	States or a refugee or asylee lawfully admitted into the United
43	43	States; or
44	44	(2) for an applicant not described by Subdivision (1),
45	45	on:
46	46	(A) the expiration of the applicant's authorized
47	47	stay in the United States; or
48	48	(B) the first anniversary of the date of
49	49	issuance, if there is no definite expiration date for the
50	50	applicant's authorized stay in the United States [except that a
51	51	certificate issued to a person 60 years of age or older does not
52	52	expire].
53	53	(f-1) A person who is not a citizen of the United States must
54	54	present to the department documentation issued by the United States
55	55	agency responsible for citizenship and immigration that authorizes
56	56	the applicant to be in the United States.
57	57	(f-2) The department may not issue an identification
58	58	certificate to an applicant who fails or refuses to comply with
59	59	Subsection (f-1).
60	60	(f-3) In addition to a certificate issued under this
61	61	section, Subsections (f-1) and (f-2) apply to a personal
62	62	identification certificate for which application is made under
63	63	Section 521.103.
64	64	SECTION 3. Subsections (a) and (e), Section 521.142,
65	65	Transportation Code, are amended to read as follows:
66	66	(a) An application for an original license must state the
67	67	applicant's full name and place and date of birth. This
68	68	information must be verified by presentation of proof of identity
69	69	satisfactory to the department. An applicant who is not a citizen
70	70	of the United States must present to the department documentation
71	71	issued by the United States agency responsible for citizenship and
72	72	immigration that authorizes the applicant to be in the United
73	73	States before the applicant may be issued a driver's license or
74	74	personal identification certificate. The department must accept as
75	75	satisfactory proof of identity under this subsection an offender
76	76	identification card or similar form of identification issued to an
77	77	inmate by the Texas Department of Criminal Justice.
78	78	(e) The application must include any other information the
79	79	department requires to determine the applicant's identity,
80	80	residency, competency, and eligibility as required by the
81	81	department or by state law.
82	82	SECTION 4. Section 521.1425, Transportation Code, is
83	83	amended by amending Subsection (a) and adding Subsection (c) to
84	84	read as follows:
85	85	(a) Except as provided by Subsections [Subsection] (b) and
86	86	(c), the department may require each applicant for an original,
87	87	renewal, or duplicate driver's license to furnish to the department
88	88	the information required by Section 521.142.
89	89	(c) Unless the information has been previously provided to
90	90	the department, the department shall require each applicant for an
91	91	original, renewal, or duplicate driver's license to furnish to the
92	92	department:
93	93	(1) proof of the applicant's United States
94	94	citizenship; or
95	95	(2) documentation described by Section 521.142(a).
96	96	SECTION 5. Section 521.271, Transportation Code, is amended
97	97	to read as follows:
98	98	Sec. 521.271. LICENSE EXPIRATION. (a) Each original
99	99	driver's license, [and] provisional license, or occupational
100	100	license issued to an applicant who is a citizen or legal permanent
101	101	resident of the United States or a refugee or asylee lawfully
102	102	admitted into the United States expires as follows:
103	103	(1) except as provided by Section 521.2711, a driver's
104	104	license expires on the first birthday of the license holder
105	105	occurring after the sixth anniversary of the date of the
106	106	application;
107	107	(2) a provisional license expires on the earlier of:
108	108	(A) the 18th birthday of the license holder; or
109	109	(B) the first birthday of the license holder
110	110	occurring after the date of the application;
111	111	(3) an instruction permit expires on the second
112	112	birthday of the license holder occurring after the date of the
113	113	application; and
114	114	(4) an occupational license expires on the first
115	115	anniversary of the court order granting the license.
116	116	(a-1) Each original driver's license issued to a person who
117	117	is not a citizen or legal permanent resident of the United States or
118	118	a refugee or asylee lawfully admitted into the United States
119	119	expires on the first anniversary of the date of issuance if there is
120	120	no definite expiration date for the applicant's authorized stay in
121	121	the United States or the expiration of the license holder's lawful
122	122	presence in the United States as determined by the United States
123	123	agency responsible for citizenship and immigration in compliance
124	124	with federal law.
125	125	(a-2) Each provisional license issued to a person who is not
126	126	a citizen or legal permanent resident of the United States or a
127	127	refugee or asylee lawfully admitted into the United States expires
128	128	on the earlier of:
129	129	(1) the 18th birthday of the license holder;
130	130	(2) the first birthday of the license holder occurring
131	131	after the date of the application; or
132	132	(3) the expiration of the license holder's lawful
133	133	presence in the United States as determined by the United States
134	134	agency responsible for citizenship and immigration in compliance
135	135	with federal law.
136	136	(b) Except as provided by Section 521.2711, a driver's
137	137	license that is renewed expires on:
138	138	(1) the sixth anniversary of the expiration date
139	139	before renewal if the applicant is a citizen or lawful permanent
140	140	resident of the United States or a refugee or asylee lawfully
141	141	admitted into the United States; or
142	142	(2) for an applicant not described by Subdivision (1):
143	143	(A) the expiration of the applicant's authorized
144	144	stay in the United States; or
145	145	(B) the first anniversary of the date of
146	146	issuance, if there is no definite expiration date for the
147	147	applicant's authorized stay in the United States.
148	148	SECTION 6. Section 521.2711, Transportation Code, is
149	149	amended by adding Subsection (c) to read as follows:
150	150	(c) Notwithstanding Subsections (a) and (b), an original or
151	151	renewal driver's license issued to an applicant who is 85 years of
152	152	age or older and not a citizen or legal permanent resident of the
153	153	United States or a refugee or asylee lawfully admitted into the
154	154	United States expires on:
155	155	(1) the expiration of the applicant's authorized stay
156	156	in the United States; or
157	157	(2) the first anniversary of the date of issuance if
158	158	there is no definite expiration date for the authorized stay in the
159	159	United States.
160	160	SECTION 7. Section 521.272, Transportation Code, is amended
161	161	by amending Subsection (c) and adding Subsection (d) to read as
162	162	follows:
163	163	(c) Notwithstanding Section 521.271, a driver's license
164	164	issued under this section, including a renewal, duplicate, or
165	165	corrected license, expires on:
166	166	(1) if the license holder is a citizen or legal
167	167	permanent resident of the United States or a refugee or asylee
168	168	lawfully admitted into the United States, the first birthday of the
169	169	license holder occurring after the date of application, except that
170	170	the initial license issued under this section expires on the second
171	171	birthday of the license holder occurring after the date of
172	172	application; or
173	173	(2) if the applicant is not described by Subdivision
174	174	(1), on the earlier of:
175	175	(A) the expiration of the applicant's authorized
176	176	stay in the United States; or
177	177	(B) the first birthday of the license holder
178	178	occurring after the date of application, except that the initial
179	179	license issued under this section expires on the second birthday of
180	180	the license holder occurring after the date of application.
181	181	(d) Subsection (c) [This subsection] does not apply to:
182	182	(1) a provisional license;
183	183	(2) an instruction permit issued under Section
184	184	521.222; or
185	185	(3) a hardship license issued under Section 521.223.
186	186	SECTION 8. Section 521.421, Transportation Code, is amended
187	187	by adding Subsections (a-1) and (a-2) and amending Subsection (c)
188	188	to read as follows:
189	189	(a-1) The fee for a driver's license or personal
190	190	identification certificate that is issued to a person who is not a
191	191	citizen or legal permanent resident of the United States or a
192	192	refugee or asylee lawfully admitted into the United States and that
193	193	is not valid for more than one year is $15.
194	194	(a-2) The fee for a temporary driver's license or temporary
195	195	personal identification certificate that is valid for more than one
196	196	year is $15 for the first year and $10 for each additional year or
197	197	portion of a year.
198	198	(c) The fee for issuance or renewal of a provisional license
199	199	or instruction permit is $10 [$5].
200	200	SECTION 9. Subsection (c), Section 522.021, Transportation
201	201	Code, is amended to read as follows:
202	202	(c) The application must meet the requirements of an
203	203	application under Sections [Section] 521.141, 521.142, and
204	204	521.1425 and [must] be accompanied by the fee required under
205	205	Section 522.029. The department may require documentary evidence
206	206	to verify the information required by this section [Subsection
207	207	(a)].
208	208	SECTION 10. Section 522.029, Transportation Code, is
209	209	amended by amending Subsection (a) and adding Subsections (k), (l),
210	210	and (m) to read as follows:
211	211	(a) The fee for a commercial driver's license or commercial
212	212	driver learner's permit issued by the department is $60, except as
213	213	provided by Subsections (f), (h), [and] (j), (k), (l), and (m).
214	214	(k) The fee for a commercial driver's license or a
215	215	nonresident commercial driver's license that is issued to a person
216	216	who is not a citizen or legal permanent resident of the United
217	217	States or a refugee or asylee lawfully admitted into the United
218	218	States and that is not valid for more than one year is $20.
219	219	(l) The fee for a temporary commercial driver's license or a
220	220	nonresident commercial driver's license that is issued in
221	221	compliance with federal law to a person who is not a citizen or
222	222	legal permanent resident of the United States or a refugee or asylee
223	223	lawfully admitted into the United States and that is valid for more
224	224	than one year is $20 for the first year and $15 for each additional
225	225	year or portion of a year.
226	226	(m) The fee for a temporary nonresident commercial driver's
227	227	license is $20.
228	228	SECTION 11. Subsection (f), Section 522.029,
229	229	Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of
230	230	the 75th Legislature, Regular Session, 1997, is relettered as
231	231	Subsection (f-1) to read as follows:
232	232	(f-1) [(f)] If a commercial driver's license or commercial
233	233	driver learner's permit includes an authorization to operate a
234	234	motorcycle or moped, the fee for the driver's license or permit is
235	235	increased by $8.
236	236	SECTION 12. Section 522.030, Transportation Code, is
237	237	amended to read as follows:
238	238	Sec. 522.030. CONTENT OF LICENSE. (a) A commercial
239	239	driver's license must:
240	240	(1) be marked "Commercial Driver License" or "CDL";
241	241	(2) be, to the extent practicable, tamper-proof; and
242	242	(3) include:
243	243	(A) the name and mailing address of the person to
244	244	whom it is issued;
245	245	(B) the person's color photograph;
246	246	(C) a physical description of the person,
247	247	including sex, height, and eye color;
248	248	(D) the person's date of birth;
249	249	(E) a number or identifier the department
250	250	considers appropriate;
251	251	(F) the person's signature;
252	252	(G) each class of commercial motor vehicle that
253	253	the person is authorized to drive, with any endorsements or
254	254	restrictions;
255	255	(H) the name of this state; and
256	256	(I) the dates between which the license is valid.
257	257	(b) To the extent of a conflict or inconsistency between
258	258	this section and Section 522.013 or 522.051, Section 522.013 or
259	259	522.051 controls.
260	260	SECTION 13. Subsection (b), Section 522.033,
261	261	Transportation Code, is amended to read as follows:
262	262	(b) Notwithstanding Section 522.051, a commercial driver's
263	263	license or commercial driver learner's permit issued under this
264	264	section, including a renewal, duplicate, or corrected license,
265	265	expires:
266	266	(1) if the license or permit holder is a citizen or
267	267	legal permanent resident of the United States or a refugee or asylee
268	268	lawfully admitted into the United States, on the first birthday of
269	269	the license holder occurring after the date of application, except
270	270	that the initial license issued under this section expires on the
271	271	second birthday of the license holder occurring after the date of
272	272	application; or
273	273	(2) if the applicant is not described by Subdivision
274	274	(1), on the earlier of:
275	275	(A) the expiration of the applicant's authorized
276	276	stay in the United States; or
277	277	(B) on the first birthday of the license holder
278	278	occurring after the date of application, except that the initial
279	279	license used under this section expires on the second birthday of
280	280	the license holder occurring after the date of application.
281	281	SECTION 14. Section 522.052, Transportation Code, is
282	282	amended by adding Subsection (h) to read as follows:
283	283	(h) Unless the information has been previously provided to
284	284	the department, the department shall require each applicant for a
285	285	renewal or duplicate commercial driver's license to furnish to the
286	286	department:
287	287	(1) proof of the applicant's United States
288	288	citizenship; or
289	289	(2) documentation described by Section 521.142(a).
290	290	SECTION 15. Subsection (j), Section 522.029,
291	291	Transportation Code, as added by Chapter 1319 (S.B. 1260), Acts of
292	292	the 80th Legislature, Regular Session, 2007, is repealed.
293	293	SECTION 16. The changes in law made by this Act apply only
294	294	to a driver's license, personal identification certificate,
295	295	commercial driver's license, or commercial driver learner's permit
296	296	issued or renewed on or after the effective date of this Act. A
297	297	driver's license, personal identification certificate, commercial
298	298	driver's license, or commercial driver learner's permit issued or
299	299	renewed before the effective date of this Act is governed by the law
300	300	in effect when the license, certificate, or permit was issued, and
301	301	the former law is continued in effect for that purpose.
302	302	SECTION 17. This Act takes effect September 1, 2009.
303	303	* * * * *