Texas 2009 - 81st Regular

Texas Senate Bill SB1785 Compare Versions

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1	1	By: Carona, et al. S.B. No. 1785
2	2	Substitute the following for S.B. No. 1785:
3	3	By: Merritt C.S.S.B. No. 1785
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the regulation of driver's licenses and personal
9	9	identification certificates by the Department of Public Safety of
10	10	the State of Texas, including enforcement measures against
11	11	fictitious or fraudulently obtained licenses or certificates;
12	12	providing a criminal penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 521.001(a), Transportation Code, is
15	15	amended by adding Subsection (7-a) to read as follows:
16	16	(7-a) "Resident" means a person who lives in this state and
17	17	has maintained residency in this state for a period of at least 90
18	18	60 days at the time of application for a driver's license or
19	19	personal identification certificate.
20	20	SECTION 2. Subchapter A, Chapter 521, Transportation Code,
21	21	is amended by adding Section 521.007 to read as follows:
22	22	Section 521.007. REVIEW REQUIRED. (a) The Department shall
23	23	create a section to review and reconcile issues related to an
24	24	applicant's eligibility to meet identity and residency
25	25	requirements for a driver's license or identification certificate.
26	26	(b) The Department of Public Safety shall develop customer
27	27	service training requirements that at a minimum must be completed
28	28	by the staff of the driver license division that interact with the
29	29	public. Each new employee of the division that is required to
30	30	complete this training, as a condition of employment, must do so by
31	31	the end of the third month of employment. Thereafter, each employee
32	32	that the training applies to shall participate annually in this
33	33	training.
34	34	(c) The Department of Public Safety shall develop cultural
35	35	diversity training requirements to be completed by the staff of the
36	36	drivers license division that interact with the public. Each new
37	37	employee of the division, as a condition of employment, must
38	38	complete the training by the end of the third month of employment.
39	39	Thereafter, each employee in the division shall participate
40	40	annually in the diversity training.
41	41	(d) The Department of Public Safety shall develop training
42	42	requirements regarding proof of citizenship documents. At a
43	43	minimum, this training must be completed by the staff in the drivers
44	44	license division that interact with the public. Each new employee
45	45	of this division, as a condition of employment, must complete the
46	46	training by the end of the third month of employment. Thereafter,
47	47	each employee of the division shall participate annually in this
48	48	training.
49	49	SECTION 3. Section 521.029, Transportation Code, is amended
50	50	by adding Subdivision (7-a) to read as follows:
51	51	Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
52	52	RESIDENTS. (a) A person who enters this state as a new resident may
53	53	operate a motor vehicle in this state for no more than 90 [30] days
54	54	after the date on which the person enters this state if the person:
55	55	(1) is 16 years of age or older; and
56	56	(2) has in the person's possession a driver's license
57	57	issued to the person by the person's state or country of previous
58	58	residence.
59	59	(b) If a person subject to this section is prosecuted for
60	60	operating a motor vehicle without a driver's license, the
61	61	prosecution alleges that the person has resided in this state for
62	62	more than 90 [30] days, and the person claims to have been covered
63	63	by Subsection (a), the person must prove by the preponderance of the
64	64	evidence that the person has not resided in this state for more than
65	65	90 [30] days.
66	66	SECTION 4. Section 521.054, Transportation Code, is amended
67	67	by adding Subsection (e) to read as follows:
68	68	(e) A person commits an offense if, with intent to defraud
69	69	or harm another, the person fails or refuses to comply with
70	70	Subsection (b) or (c). An offense under this subsection is a Class A
71	71	misdemeanor.
72	72	SECTION 5. Subchapter C, Chapter 521, Transportation Code,
73	73	is amended by adding Section 521.060 to read as follows:
74	74	Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The
75	75	department by rule shall establish a system for identifying unique
76	76	addresses that are submitted in license or certificate applications
77	77	under this chapter or Chapter 522 in a frequency or number that, in
78	78	the department's determination, casts doubt on whether the
79	79	addresses are the actual addresses where the applicants reside. The
80	80	internal verification may not be based on a driver's license or
81	81	identification certificate holder's race or ethnicity.
82	82	(b) The department may contract with a third-party personal
83	83	data verification service to assist the department in implementing
84	84	this section. Any contract under this section must provide for the
85	85	protection of personal data and information held by the department.
86	86	All information given to a third-party personal data verification
87	87	service shall only be used for verification of addresses under
88	88	Subsection (a). A third-party contractor under this section may not
89	89	copy, use, or retain the information provided by the department
90	90	other than for the purposes of this section. Failure by a
91	91	third-party personal data verification service to comply with this
92	92	subsection shall result in cancellation of any contract entered
93	93	into under this section.
94	94	(c) The department shall investigate the validity of
95	95	addresses identified under Subsection (a).
96	96	(d) The department may deny issuance of a license or
97	97	certificate to an applicant whose residence address cannot be
98	98	verified. This subsection does not apply to:
99	99	(1) a person described by Sections 521.027; or
100	100	(2) a person who provides reasonable documentation of
101	101	homelessness as defined by Section 725 of the McKinney Vento
102	102	Homeless Assistance Act.
103	103	SECTION 6. Section 521.101, Transportation Code, is amended
104	104	by amending Subsections (d) and adding Subsections (d-1), (j), and
105	105	(k) to read as follows:
106	106	(d) The department may require each applicant for an
107	107	original, renewal, or duplicate personal identification
108	108	certificate to furnish to the department the information required
109	109	by Section 521.142.
110	110	(d-1) Unless the information has been previously provided
111	111	to the department, the department shall require each applicant for
112	112	an original personal identification certificate or applicants that
113	113	received an original personal identification certificate to
114	114	furnish to the department:
115	115	(1) proof of the applicant's United States
116	116	citizenship; or
117	117	(2) documentation establishing lawful presence in the
118	118	United States.
119	119	(j) The department may deny issuance of a personal
120	120	identification certificate to a person who has not established a
121	121	domicile in this state. This subsection does not apply to:
122	122	(1) a person described by Sections 521.027; or
123	123	(2) a person who presents a certificate of
124	124	homelessness as approved by the federal government.
125	125	(k) Except as provided by this section, each personal
126	126	identification certificate issued by the department:
127	127	(1) must:
128	128	(A) be in the same format;
129	129	(B) have the same appearance and orientation;
130	130	(C) contain the same type of information; and
131	131	(2) may not include any information that this chapter
132	132	does not reference or require.
133	133	SECTION 7. Subchapter E, Chapter 521, Transportation Code,
134	134	is amended by adding Section 521.102 to read as follows:
135	135	Sec. 521.102. TEMPORARY PERSONAL IDENTIFICATION
136	136	CERTIFICATES UPON APPLICATION FOR EXTENDED LAWFUL PRESENCE. (a) The
137	137	department shall issue a temporary personal identification
138	138	certificate to the holder of certificate which expired because the
139	139	holder's lawful presence in the United States has expired, provided
140	140	the holder of the certificate appears in person and presents to the
141	141	department proof of application for an extension of lawful presence
142	142	in the United States with the federal government.
143	143	(b) A temporary personal identification certificate issued
144	144	under this section expires 120 days after the expiration of the
145	145	expiring certificate.
146	146	(c) The department may issue a subsequent temporary
147	147	personal identification certificate if the holder of the
148	148	certificate again appears in person and presents to the department
149	149	updated information regarding the status of the application for an
150	150	extension of lawful presence in the United States with the federal
151	151	government. The department shall not issue a subsequent temporary
152	152	personal identification certificate for any period which extends
153	153	beyond one year from the date the holder's lawful presence in the
154	154	United States expired.
155	155	SECTION 8. Section 521.121, Transportation Code, is amended
156	156	by adding Subsection (c) to read as follows:
157	157	(c) Except as provided by this subchapter, each driver's
158	158	license issued by the department:
159	159	(1) must:
160	160	(A) be in the same format;
161	161	(B) have the same appearance and orientation;
162	162	(C) contain the same type of information; and
163	163	(2) may not include any information that this chapter
164	164	does not reference or require.
165	165	SECTION 9. Section 521.1425, Transportation Code, is
166	166	amended by amending Subsection (a) and adding Subsection (c) to
167	167	read as follows:
168	168	(a) Except as provided by Subsections [Subsection] (b) and
169	169	(c), the department may require each applicant for an original,
170	170	renewal, or duplicate driver's license to furnish to the department
171	171	the information required by Section 521.142.
172	172	(c) Unless the information has been previously provided to
173	173	the department, the department shall require each applicant for an
174	174	original, renewal or duplicate driver's license to furnish to the
175	175	department:
176	176	(1) proof of the applicant's United States
177	177	citizenship; or
178	178	(2) documentation establishing lawful presence in the
179	179	United States.
180	180	SECTION 10. Subchapter G, Chapter 521, Transportation Code,
181	181	is amended by adding Sections 521.1426 and 521.1427 to read as
182	182	follows:
183	183	Sec. 521.1426. POST OFFICE BOX NOT VALID AS ADDRESS. (a) In
184	184	this section, "post office box address" means a United States
185	185	Postal Service post office box address or a private mailbox
186	186	address.
187	187	(b) Unless an exception exists under state or federal law,
188	188	an applicant may receive delivery of a license or a personal
189	189	identification certificate at a post office box address only if the
190	190	applicant has provided the department the physical address where
191	191	the applicant resides.
192	192	(c) The department may require the applicant to provide
193	193	documentation that the department determines necessary to verify
194	194	the validity of the physical address provided under Subsection (b).
195	195	(d) The department may contract with a third-party personal
196	196	data verification service to assist the department in implementing
197	197	this section. Any contract under this section must provide for the
198	198	protection of personal data and information held by the department.
199	199	All information given to a third-party personal data verification
200	200	service shall only be used for verification of addresses under
201	201	Subsection (a). A third-party contractor under this section may not
202	202	copy, use, or retain the information provided by the department
203	203	other than for the purposes of this section. Failure by a
204	204	third-party personal data verification service to comply with this
205	205	subsection shall result in cancellation of any contract entered
206	206	into under this section.
207	207	SECTION 11. Subchapter G, Chapter 521, Transportation Code,
208	208	is amended by adding Section 521.149 to read as follows:
209	209	Sec. 521.149. TEMPORARY DRIVER'S LICENSE UPON APPLICATION
210	210	FOR EXTENDED LAWFUL PRESENCE. (a) The department shall issue a
211	211	temporary driver's license to the holder of license which expired
212	212	because the holder's lawful presence in the United States has
213	213	expired, provided the holder of the license appears in person and
214	214	presents to the department proof of application for an extension of
215	215	lawful presence in the United States with the federal government.
216	216	(b) A temporary driver's license issued under this section
217	217	expires 120 days after the expiration of the expiring license.
218	218	(c) The department may issue a subsequent temporary
219	219	driver's license if the holder of the certificate again appears in
220	220	person and presents to the department updated information regarding
221	221	the status of the application for an extension of lawful presence in
222	222	the United States with the federal government. The department shall
223	223	not issue a subsequent temporary driver's license for any period
224	224	which extends beyond one year from the date which the holder's
225	225	lawful presence in the United States expired.
226	226	SECTION 12. Section 521.271, Transportation Code, is
227	227	amended to read as follows:
228	228	Sec. 521.271. LICENSE EXPIRATION. (a) Each original
229	229	driver's license, [and] provisional license, or occupational
230	230	license issued to an applicant who is a citizen or legal permanent
231	231	resident of the United States or a refugee or asylee lawfully
232	232	admitted into the United States expires as follows:
233	233	(1) except as provided by Section 521.2711, a driver's
234	234	license expires on the first birthday of the license holder
235	235	occurring after the sixth anniversary of the date of the
236	236	application;
237	237	(2) a provisional license expires on the earlier of:
238	238	(A) the 18th birthday of the license holder; or
239	239	(B) the first birthday of the license holder
240	240	occurring after the date of the application;
241	241	(3) an instruction permit expires on the second
242	242	birthday of the license holder occurring after the date of the
243	243	application; and
244	244	(4) an occupational license expires on the first
245	245	anniversary of the court order granting the license.
246	246	(a-1) Any driver's license or identification certificate
247	247	issued pursuant to Subchapter A through Subchapter S of this
248	248	Chapter to a person other than those listed in Section 521.271(a)
249	249	expires:
250	250	(1) upon the expiration of the person's temporary
251	251	lawful presence in the United States but not to exceed the maximum
252	252	term for the type of driver's license or identification
253	253	certificate; or
254	254	(2) two years from the date of issuance if there is no
255	255	fixed expiration of the temporary lawful presence.
256	256	SECTION 13. Section 521.421, Transportation Code, is
257	257	amended by adding Subsections (a-1) and (a-2) and amending
258	258	Subsection (c) to read as follows:
259	259	(a-1) The fee for a driver's license or identification
260	260	certificate issued to a person subject to the provision of 521.271
261	261	(a-1)(1) that is valid for more than one year is $15 for the first
262	262	year and $10 for each additional year or portion of a year.
263	263	(a-2) The fee for a driver's license or personal
264	264	identification certificate that is issued to a person subject to
265	265	the provision of 521.271 (a-1)(2) and that is not valid for more
266	266	than one year is $15.
267	267	(c) The fee for issuance or renewal of a provisional license
268	268	or instruction permit is $10 [$5].
269	269	SECTION 14. Sections 522.021(c) and (c-1), Transportation
270	270	Code, are amended to read as follows:
271	271	(c) The application must meet the requirements of an
272	272	application under Sections [Section] 521.141, 521.142, and
273	273	521.1425 and [must] be accompanied by the fee required under
274	274	Section 522.029. The department may require documentary evidence to
275	275	verify the information required by this section [Subsection (a)].
276	276	(c-1) If the department requires proof of an applicant's
277	277	identity as part of an application under this section, the
278	278	department must accept [as satisfactory proof of identity] an
279	279	offender identification card or similar form of identification
280	280	issued to an inmate by the Texas Department of Criminal Justice.
281	281	SECTION 15. Subchapter C, Chapter 522, Transportation Code,
282	282	is amended by adding Sections 522.0225 and 522.0226 to read as
283	283	follows:
284	284	Sec. 522.0225. POST OFFICE BOX NOT VALID AS ADDRESS. (a) In
285	285	this section, "post office box address" means a United States
286	286	Postal Service post office box address or a private mailbox
287	287	address.
288	288	(b) Unless an exception exists under state or federal law,
289	289	an applicant may receive delivery of a license or a personal
290	290	identification certificate at a post office box address only if the
291	291	applicant has provided the department the physical address where
292	292	the applicant resides.
293	293	(c) The department may require the applicant to provide
294	294	documentation that the department determines necessary to verify
295	295	the validity of the physical address provided under Subsection (b).
296	296	(d) The department may contract with a third-party personal
297	297	data verification service to assist the department in implementing
298	298	this section. Any contract under this section must provide for the
299	299	protection of personal data and information held by the department.
300	300	All information given to a third-party personal data verification
301	301	service shall only be used for verification of addresses under
302	302	Subsection (a). A third-party contractor under this section may not
303	303	copy, use, or retain the information provided by the department
304	304	other than for the purposes of this section. Failure by a
305	305	third-party personal data verification service to comply with this
306	306	subsection shall result in cancellation of any contract entered
307	307	into under this section.
308	308	SECTION 16. Section 522.029, Transportation Code, is
309	309	amended by amending Subsection (a) and adding Subsections (k), (l)
310	310	and (m) to read as follows:
311	311	(a) The fee for a commercial driver's license or commercial
312	312	driver learner's permit issued by the department is $60, except as
313	313	provided by Subsections (f), (h), [and] (j), (k), (l), and (m).
314	314	(k) The fee for a commercial driver's license issued to a
315	315	person subject to the provision of 522.051(g)(1) that is valid for
316	316	more than one year is $100 for the first year and $25 for each
317	317	additional year or portion of a year.
318	318	(l) The fee for a driver's license or personal
319	319	identification certificate that is issued to a person subject to
320	320	the provision of 522.051(g)(2) and that is not valid for more than
321	321	one year is $100.
322	322	(m) The fee for a temporary nonresident commercial driver's
323	323	license is $25.
324	324	SECTION 17. Section 522.029(f), Transportation Code, as
325	325	added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
326	326	Regular Session, 1997, is relettered as Subsection (f-1) to read as
327	327	follows:
328	328	(f-1) [(f)] If a commercial driver's license or commercial
329	329	driver learner's permit includes an authorization to operate a
330	330	motorcycle or moped, the fee for the driver's license or permit is
331	331	increased by $10 [$8].
332	332	SECTION 18. Section 522.030, Transportation Code, is
333	333	amended to read as follows:
334	334	Sec. 522.030. CONTENT OF LICENSE. (a) A commercial driver's
335	335	license must:
336	336	(1) be marked "Commercial Driver License" or "CDL";
337	337	(2) be, to the extent practicable, tamper-proof; and
338	338	(3) include:
339	339	(A) the name and mailing address of the person to
340	340	whom it is issued;
341	341	(B) the person's color photograph;
342	342	(C) a physical description of the person,
343	343	including sex, height, and eye color;
344	344	(D) the person's date of birth;
345	345	(E) a number or identifier the department
346	346	considers appropriate;
347	347	(F) the person's signature;
348	348	(G) each class of commercial motor vehicle that
349	349	the person is authorized to drive, with any endorsements or
350	350	restrictions;
351	351	(H) the name of this state; and
352	352	(I) the dates between which the license is valid.
353	353	(b) Except as provided by this subchapter, each commercial
354	354	driver's license issued by the department:
355	355	(1) must:
356	356	(A) be in the same format;
357	357	(B) have the same appearance and orientation; and
358	358	(C) contain the same type of information; and
359	359	(2) may not include any information that this chapter
360	360	does not reference or require.
361	361	(c) To the extent of a conflict or inconsistency between
362	362	this section and Section 522.013 or 522.051, Section 522.013 or
363	363	522.051 controls.
364	364	SECTION 19. Subchapter C, Chapter 522, Transportation Code,
365	365	is amended by adding Section 522.035 to read as follows:
366	366	Sec. 522.035. TEMPORARY COMMERCIAL DRIVER'S LICENSE. (a)
367	367	This section applies only to an applicant for a renewal commercial
368	368	driver's license whose commercial driver's license expired because
369	369	the person's authorization to lawfully be in the United States
370	370	expired.
371	371	(b) If the applicant provides evidence satisfactory to the
372	372	department that the person has applied to the federal agency
373	373	responsible for citizenship and immigration for a renewal of the
374	374	person's authorization to be in the United States and otherwise
375	375	qualifies for the driver's license, the department shall issue the
376	376	applicant a temporary commercial driver's license.
377	377	(c) A temporary commercial driver's license issued under
378	378	Subsection (b) expires on the 120th day after the date the most
379	379	recent commercial driver's license issued to the person expired.
380	380	The department shall not issue a subsequent temporary commercial
381	381	driver's license for any period which extends beyond one year from
382	382	the date which the holder's original certificate expired because
383	383	the holder's lawful presence in the United States expired.
384	384	SECTION 20. Section 522.051, Transportation Code, is
385	385	amended by Subsection (g) to read as follows:
386	386	(g) Any commercial driver's license issued pursuant to
387	387	Subchapter A through Subchapter I of this Chapter issued to a person
388	388	other than those listed in Section 521.271(a) expires:
389	389	(1) upon the expiration of the person's temporary
390	390	lawful presence in the United States but not to exceed the maximum
391	391	term for the type of driver's license or identification
392	392	certificate; or
393	393	(2) two years from the date of issuance if there is no
394	394	fixed expiration of the temporary lawful presence.
395	395	SECTION 21. Section 522.052, Transportation Code, is
396	396	amended by adding Subsection (h) to read as follows:
397	397	(h) Unless the information has been previously provided to
398	398	the department, the department shall require each applicant for a
399	399	renewal or duplicate commercial driver's license to furnish to the
400	400	department:
401	401	(1) proof of the applicant's United States
402	402	citizenship; or
403	403	(2) documentation establishing lawful presence in the
404	404	United States.
405	405	SECTION 22. Section 522.029(j), Transportation Code, as
406	406	added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature,
407	407	Regular Session, 2007, is repealed.
408	408	SECTION 23. The changes in law made by this article apply
409	409	only to a driver's license, personal identification certificate,
410	410	commercial driver's license, or commercial driver learner's permit
411	411	issued or renewed on or after the effective date of this article. A
412	412	driver's license, personal identification certificate, commercial
413	413	driver's license, or commercial driver learner's permit issued or
414	414	renewed before the effective date of this article is governed by the
415	415	law in effect when the license, certificate, or permit was issued,
416	416	and the former law is continued in effect for that purpose.
417	417	SECTION 24. This article takes effect September 1, 2009.