By: Carona, et al. S.B. No. 1785
Substitute the following for S.B. No. 1785:
By: Merritt C.S.S.B. No. 1785
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of driver's licenses and personal
identification certificates by the Department of Public Safety of
the State of Texas, including enforcement measures against
fictitious or fraudulently obtained licenses or certificates;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.001(a), Transportation Code, is
amended by adding Subsection (7-a) to read as follows:
(7-a) "Resident" means a person who lives in this state and
has maintained residency in this state for a period of at least 90
60 days at the time of application for a driver's license or
personal identification certificate.
SECTION 2. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.007 to read as follows:
Section 521.007. REVIEW REQUIRED. (a) The Department shall
create a section to review and reconcile issues related to an
applicant's eligibility to meet identity and residency
requirements for a driver's license or identification certificate.
(b) The Department of Public Safety shall develop customer
service training requirements that at a minimum must be completed
by the staff of the driver license division that interact with the
public. Each new employee of the division that is required to
complete this training, as a condition of employment, must do so by
the end of the third month of employment. Thereafter, each employee
that the training applies to shall participate annually in this
training.
(c) The Department of Public Safety shall develop cultural
diversity training requirements to be completed by the staff of the
drivers license division that interact with the public. Each new
employee of the division, as a condition of employment, must
complete the training by the end of the third month of employment.
Thereafter, each employee in the division shall participate
annually in the diversity training.
(d) The Department of Public Safety shall develop training
requirements regarding proof of citizenship documents. At a
minimum, this training must be completed by the staff in the drivers
license division that interact with the public. Each new employee
of this division, as a condition of employment, must complete the
training by the end of the third month of employment. Thereafter,
each employee of the division shall participate annually in this
training.
SECTION 3. Section 521.029, Transportation Code, is amended
by adding Subdivision (7-a) to read as follows:
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
RESIDENTS. (a) A person who enters this state as a new resident may
operate a motor vehicle in this state for no more than 90 [30] days
after the date on which the person enters this state if the person:
(1) is 16 years of age or older; and
(2) has in the person's possession a driver's license
issued to the person by the person's state or country of previous
residence.
(b) If a person subject to this section is prosecuted for
operating a motor vehicle without a driver's license, the
prosecution alleges that the person has resided in this state for
more than 90 [30] days, and the person claims to have been covered
by Subsection (a), the person must prove by the preponderance of the
evidence that the person has not resided in this state for more than
90 [30] days.
SECTION 4. Section 521.054, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) A person commits an offense if, with intent to defraud
or harm another, the person fails or refuses to comply with
Subsection (b) or (c). An offense under this subsection is a Class A
misdemeanor.
SECTION 5. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.060 to read as follows:
Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The
department by rule shall establish a system for identifying unique
addresses that are submitted in license or certificate applications
under this chapter or Chapter 522 in a frequency or number that, in
the department's determination, casts doubt on whether the
addresses are the actual addresses where the applicants reside. The
internal verification may not be based on a driver's license or
identification certificate holder's race or ethnicity.
(b) The department may contract with a third-party personal
data verification service to assist the department in implementing
this section. Any contract under this section must provide for the
protection of personal data and information held by the department.
All information given to a third-party personal data verification
service shall only be used for verification of addresses under
Subsection (a). A third-party contractor under this section may not
copy, use, or retain the information provided by the department
other than for the purposes of this section. Failure by a
third-party personal data verification service to comply with this
subsection shall result in cancellation of any contract entered
into under this section.
(c) The department shall investigate the validity of
addresses identified under Subsection (a).
(d) The department may deny issuance of a license or
certificate to an applicant whose residence address cannot be
verified. This subsection does not apply to:
(1) a person described by Sections 521.027; or
(2) a person who provides reasonable documentation of
homelessness as defined by Section 725 of the McKinney Vento
Homeless Assistance Act.
SECTION 6. Section 521.101, Transportation Code, is amended
by amending Subsections (d) and adding Subsections (d-1), (j), and
(k) to read as follows:
(d) The department may require each applicant for an
original, renewal, or duplicate personal identification
certificate to furnish to the department the information required
by Section 521.142.
(d-1) Unless the information has been previously provided
to the department, the department shall require each applicant for
an original personal identification certificate or applicants that
received an original personal identification certificate to
furnish to the department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation establishing lawful presence in the
United States.
(j) The department may deny issuance of a personal
identification certificate to a person who has not established a
domicile in this state. This subsection does not apply to:
(1) a person described by Sections 521.027; or
(2) a person who presents a certificate of
homelessness as approved by the federal government.
(k) Except as provided by this section, each personal
identification certificate issued by the department:
(1) must:
(A) be in the same format;
(B) have the same appearance and orientation;
(C) contain the same type of information; and
(2) may not include any information that this chapter
does not reference or require.
SECTION 7. Subchapter E, Chapter 521, Transportation Code,
is amended by adding Section 521.102 to read as follows:
Sec. 521.102. TEMPORARY PERSONAL IDENTIFICATION
CERTIFICATES UPON APPLICATION FOR EXTENDED LAWFUL PRESENCE. (a) The
department shall issue a temporary personal identification
certificate to the holder of certificate which expired because the
holder's lawful presence in the United States has expired, provided
the holder of the certificate appears in person and presents to the
department proof of application for an extension of lawful presence
in the United States with the federal government.
(b) A temporary personal identification certificate issued
under this section expires 120 days after the expiration of the
expiring certificate.
(c) The department may issue a subsequent temporary
personal identification certificate if the holder of the
certificate again appears in person and presents to the department
updated information regarding the status of the application for an
extension of lawful presence in the United States with the federal
government. The department shall not issue a subsequent temporary
personal identification certificate for any period which extends
beyond one year from the date the holder's lawful presence in the
United States expired.
SECTION 8. Section 521.121, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Except as provided by this subchapter, each driver's
license issued by the department:
(1) must:
(A) be in the same format;
(B) have the same appearance and orientation;
(C) contain the same type of information; and
(2) may not include any information that this chapter
does not reference or require.
SECTION 9. 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 establishing lawful presence in the
United States.
SECTION 10. Subchapter G, Chapter 521, Transportation Code,
is amended by adding Sections 521.1426 and 521.1427 to read as
follows:
Sec. 521.1426. POST OFFICE BOX NOT VALID AS ADDRESS. (a) In
this section, "post office box address" means a United States
Postal Service post office box address or a private mailbox
address.
(b) Unless an exception exists under state or federal law,
an applicant may receive delivery of a license or a personal
identification certificate at a post office box address only if the
applicant has provided the department the physical address where
the applicant resides.
(c) The department may require the applicant to provide
documentation that the department determines necessary to verify
the validity of the physical address provided under Subsection (b).
(d) The department may contract with a third-party personal
data verification service to assist the department in implementing
this section. Any contract under this section must provide for the
protection of personal data and information held by the department.
All information given to a third-party personal data verification
service shall only be used for verification of addresses under
Subsection (a). A third-party contractor under this section may not
copy, use, or retain the information provided by the department
other than for the purposes of this section. Failure by a
third-party personal data verification service to comply with this
subsection shall result in cancellation of any contract entered
into under this section.
SECTION 11. Subchapter G, Chapter 521, Transportation Code,
is amended by adding Section 521.149 to read as follows:
Sec. 521.149. TEMPORARY DRIVER'S LICENSE UPON APPLICATION
FOR EXTENDED LAWFUL PRESENCE. (a) The department shall issue a
temporary driver's license to the holder of license which expired
because the holder's lawful presence in the United States has
expired, provided the holder of the license appears in person and
presents to the department proof of application for an extension of
lawful presence in the United States with the federal government.
(b) A temporary driver's license issued under this section
expires 120 days after the expiration of the expiring license.
(c) The department may issue a subsequent temporary
driver's license if the holder of the certificate again appears in
person and presents to the department updated information regarding
the status of the application for an extension of lawful presence in
the United States with the federal government. The department shall
not issue a subsequent temporary driver's license for any period
which extends beyond one year from the date which the holder's
lawful presence in the United States expired.
SECTION 12. 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) Any driver's license or identification certificate
issued pursuant to Subchapter A through Subchapter S of this
Chapter to a person other than those listed in Section 521.271(a)
expires:
(1) upon the expiration of the person's temporary
lawful presence in the United States but not to exceed the maximum
term for the type of driver's license or identification
certificate; or
(2) two years from the date of issuance if there is no
fixed expiration of the temporary lawful presence.
SECTION 13. 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 identification
certificate issued to a person subject to the provision of 521.271
(a-1)(1) 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.
(a-2) The fee for a driver's license or personal
identification certificate that is issued to a person subject to
the provision of 521.271 (a-1)(2) and that is not valid for more
than one year is $15.
(c) The fee for issuance or renewal of a provisional license
or instruction permit is $10 [$5].
SECTION 14. Sections 522.021(c) and (c-1), Transportation
Code, are 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)].
(c-1) If the department requires proof of an applicant's
identity as part of an application under this section, the
department must accept [as satisfactory proof of identity] an
offender identification card or similar form of identification
issued to an inmate by the Texas Department of Criminal Justice.
SECTION 15. Subchapter C, Chapter 522, Transportation Code,
is amended by adding Sections 522.0225 and 522.0226 to read as
follows:
Sec. 522.0225. POST OFFICE BOX NOT VALID AS ADDRESS. (a) In
this section, "post office box address" means a United States
Postal Service post office box address or a private mailbox
address.
(b) Unless an exception exists under state or federal law,
an applicant may receive delivery of a license or a personal
identification certificate at a post office box address only if the
applicant has provided the department the physical address where
the applicant resides.
(c) The department may require the applicant to provide
documentation that the department determines necessary to verify
the validity of the physical address provided under Subsection (b).
(d) The department may contract with a third-party personal
data verification service to assist the department in implementing
this section. Any contract under this section must provide for the
protection of personal data and information held by the department.
All information given to a third-party personal data verification
service shall only be used for verification of addresses under
Subsection (a). A third-party contractor under this section may not
copy, use, or retain the information provided by the department
other than for the purposes of this section. Failure by a
third-party personal data verification service to comply with this
subsection shall result in cancellation of any contract entered
into under this section.
SECTION 16. 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 issued to a
person subject to the provision of 522.051(g)(1) that is valid for
more than one year is $100 for the first year and $25 for each
additional year or portion of a year.
(l) The fee for a driver's license or personal
identification certificate that is issued to a person subject to
the provision of 522.051(g)(2) and that is not valid for more than
one year is $100.
(m) The fee for a temporary nonresident commercial driver's
license is $25.
SECTION 17. Section 522.029(f), 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 $10 [$8].
SECTION 18. 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) Except as provided by this subchapter, each commercial
driver's license issued by the department:
(1) must:
(A) be in the same format;
(B) have the same appearance and orientation; and
(C) contain the same type of information; and
(2) may not include any information that this chapter
does not reference or require.
(c) 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 19. Subchapter C, Chapter 522, Transportation Code,
is amended by adding Section 522.035 to read as follows:
Sec. 522.035. TEMPORARY COMMERCIAL DRIVER'S LICENSE. (a)
This section applies only to an applicant for a renewal commercial
driver's license whose commercial driver's license expired because
the person's authorization to lawfully be in the United States
expired.
(b) If the applicant provides evidence satisfactory to the
department that the person has applied to the federal agency
responsible for citizenship and immigration for a renewal of the
person's authorization to be in the United States and otherwise
qualifies for the driver's license, the department shall issue the
applicant a temporary commercial driver's license.
(c) A temporary commercial driver's license issued under
Subsection (b) expires on the 120th day after the date the most
recent commercial driver's license issued to the person expired.
The department shall not issue a subsequent temporary commercial
driver's license for any period which extends beyond one year from
the date which the holder's original certificate expired because
the holder's lawful presence in the United States expired.
SECTION 20. Section 522.051, Transportation Code, is
amended by Subsection (g) to read as follows:
(g) Any commercial driver's license issued pursuant to
Subchapter A through Subchapter I of this Chapter issued to a person
other than those listed in Section 521.271(a) expires:
(1) upon the expiration of the person's temporary
lawful presence in the United States but not to exceed the maximum
term for the type of driver's license or identification
certificate; or
(2) two years from the date of issuance if there is no
fixed expiration of the temporary lawful presence.
SECTION 21. 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 establishing lawful presence in the
United States.
SECTION 22. Section 522.029(j), Transportation Code, as
added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 23. The changes in law made by this article 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 article. 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 article 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 24. This article takes effect September 1, 2009.