By: Carona S.B. No. 1784
(In the Senate - Filed March 11, 2009; March 20, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 22, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 3;
April 22, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1784 By: Carona
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. Subsection (b), Section 521.041, 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), and (f-3) 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 expires:
(1) on a date specified by the department, if the
applicant is a citizen or lawful permanent resident of the United
States or a refugee or asylee lawfully admitted into the United
States; or
(2) for an applicant not described by Subdivision (1),
on:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States [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 who fails or refuses to comply with
Subsection (f-1).
(f-3) In addition to a certificate issued under this
section, Subsections (f-1) and (f-2) apply to a personal
identification certificate for which application is made under
Section 521.103.
SECTION 3. Subsections (a) and (e), Section 521.142,
Transportation Code, are amended to read as follows:
(a) An application for an original license must state the
applicant's full name and place and date of birth. This
information must be verified by presentation of proof of identity
satisfactory to the department. An applicant 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 before the applicant may be issued a driver's license or
personal identification certificate. The department must accept as
satisfactory proof of identity under this subsection an offender
identification card or similar form of identification issued to an
inmate by the Texas Department of Criminal Justice.
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility as required by the
department or by state law.
SECTION 4. 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(a).
SECTION 5. 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 or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into 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.
(a-1) Each original driver's license issued to a person who
is not a citizen or legal permanent resident of the United States or
a refugee or asylee lawfully admitted into the United States
expires on the first anniversary of the date of issuance if there is
no definite expiration date for the applicant's authorized stay in
the United States or the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(a-2) Each provisional license issued to a person who is not
a citizen or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States expires
on the earlier of:
(1) the 18th birthday of the license holder;
(2) the first birthday of the license holder occurring
after the date of the application; or
(3) the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on:
(1) the sixth anniversary of the expiration date
before renewal if the applicant is a citizen or lawful permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States; or
(2) for an applicant not described by Subdivision (1):
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States.
SECTION 6. 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 or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States expires on:
(1) the expiration of the applicant's authorized stay
in the United States; or
(2) the first anniversary of the date of issuance if
there is no definite expiration date for the authorized stay in the
United States.
SECTION 7. 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, including a renewal, duplicate, or
corrected license, expires on:
(1) if the license holder is a citizen or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States, 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; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) 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.
(d) Subsection (c) [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.
SECTION 8. Section 521.421, Transportation Code, is amended
by adding Subsections (a-1) and (a-2) and amending Subsection (c)
to read as follows:
(a-1) The fee for a driver's license or personal
identification certificate that is issued to a person who is not a
citizen or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States and that
is not valid for more than one year is $15.
(a-2) The fee for a temporary driver's license or temporary
personal identification certificate that is valid for more than one
year is $15 for the first year and $10 for each additional year or
portion of a year.
(c) The fee for issuance or renewal of a provisional license
or instruction permit is $10 [$5].
SECTION 9. Subsection (c), Section 522.021, 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 10. Section 522.029, Transportation Code, is
amended by amending Subsection (a) and adding Subsections (k), (l),
and (m) 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), (l), and (m).
(k) The fee for a commercial driver's license or a
nonresident commercial driver's license that is issued to a person
who is not a citizen or legal permanent resident of the United
States or a refugee or asylee lawfully admitted into the United
States and that is not valid for more than one year is $20.
(l) The fee for a temporary commercial driver's license or a
nonresident commercial driver's license that is issued in
compliance with federal law to a person who is not a citizen or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States and that is valid for more
than one year is $20 for the first year and $15 for each additional
year or portion of a year.
(m) The fee for a temporary nonresident commercial driver's
license is $20.
SECTION 11. Subsection (f), Section 522.029,
Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of
the 75th Legislature, Regular Session, 1997, is relettered as
Subsection (f-1) to read as follows:
(f-1) [(f)] If a commercial driver's license or commercial
driver learner's permit includes an authorization to operate a
motorcycle or moped, the fee for the driver's license or permit is
increased by $8.
SECTION 12. Section 522.030, Transportation Code, is
amended to read as follows:
Sec. 522.030. CONTENT OF LICENSE. (a) 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.
(b) To the extent of a conflict or inconsistency between
this section and Section 522.013 or 522.051, Section 522.013 or
522.051 controls.
SECTION 13. Subsection (b), Section 522.033,
Transportation Code, is amended to read as follows:
(b) Notwithstanding Section 522.051, a commercial driver's
license or commercial driver learner's permit issued under this
section, including a renewal, duplicate, or corrected license,
expires:
(1) if the license or permit holder is a citizen or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States, 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; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration of the applicant's authorized
stay in the United States; or
(B) on the first birthday of the license holder
occurring after the date of application, except that the initial
license used under this section expires on the second birthday of
the license holder occurring after the date of application.
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(a).
SECTION 15. Subsection (j), Section 522.029,
Transportation Code, as added by Chapter 1319 (S.B. 1260), Acts of
the 80th Legislature, Regular Session, 2007, is repealed.
SECTION 16. 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 17. This Act takes effect September 1, 2009.
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