Texas 2011 - 82nd Regular

Texas House Bill HB2805 Compare Versions

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1	1	82R22159 ACP-D
2	2	By: Phillips H.B. No. 2805
3	3	Substitute the following for H.B. No. 2805:
4	4	By: Driver C.S.H.B. No. 2805
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the requirement of citizenship or lawful presence in
10	10	the United States for issuance of a driver's license, personal
11	11	identification certificate, commercial driver's license, or
12	12	commercial driver learner's permit.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 521.041(b), Transportation Code, is
15	15	amended to read as follows:
16	16	(b) The department shall maintain suitable indexes, in
17	17	alphabetical or numerical order, that contain:
18	18	(1) each denied application and the reasons for the
19	19	denial;
20	20	(2) each application that is granted; [and]
21	21	(3) the name of each license holder whose license has
22	22	been suspended, canceled, or revoked and the reasons for that
23	23	action; and
24	24	(4) the citizenship status of each holder of a license
25	25	or personal identification certificate.
26	26	SECTION 2. Section 521.101, Transportation Code, is amended
27	27	by adding Subsections (d-1), (f-2), and (f-3) and amending
28	28	Subsection (f) to read as follows:
29	29	(d-1) Unless the information has been previously provided
30	30	to the department, the department shall require each applicant for
31	31	an original, renewal, or duplicate personal identification
32	32	certificate to furnish to the department:
33	33	(1) proof of the applicant's United States
34	34	citizenship; or
35	35	(2) documentation described by Subsection (f-2).
36	36	(f) A personal identification certificate expires:
37	37	(1) on a date specified by the department, if the
38	38	applicant is a citizen or legal permanent resident of the United
39	39	States or a refugee or asylee lawfully admitted into the United
40	40	States; or
41	41	(2) for an applicant not described by Subdivision (1),
42	42	on:
43	43	(A) the expiration date of the applicant's
44	44	authorized stay in the United States; or
45	45	(B) the first anniversary of the date of
46	46	issuance, if there is no definite expiration date for the
47	47	applicant's authorized stay in the United States [except that a
48	48	certificate issued to a person 60 years of age or older does not
49	49	expire].
50	50	(f-2) An applicant who is not a citizen of the United States
51	51	must present to the department documentation issued by the United
52	52	States agency responsible for citizenship and immigration that
53	53	authorizes the applicant to be in the United States.
54	54	(f-3) The department may not issue a personal
55	55	identification certificate to an applicant who fails or refuses to
56	56	comply with Subsection (f-2).
57	57	SECTION 3. Section 521.103, Transportation Code, is amended
58	58	by adding Subsection (c) to read as follows:
59	59	(c) Sections 521.101(f-2) and (f-3) apply to a personal
60	60	identification certificate for which application is made under this
61	61	section.
62	62	SECTION 4. Sections 521.142(a) and (e), Transportation
63	63	Code, are amended to read as follows:
64	64	(a) An application for an original license must state the
65	65	applicant's full name and place and date of birth. This information
66	66	must be verified by presentation of proof of identity satisfactory
67	67	to the department. An applicant who is not a citizen of the United
68	68	States must present to the department documentation issued by the
69	69	United States agency responsible for citizenship and immigration
70	70	that authorizes the applicant to be in the United States before the
71	71	applicant may be issued a driver's license. The department must
72	72	accept as satisfactory proof of identity under this subsection an
73	73	offender identification card or similar form of identification
74	74	issued to an inmate by the Texas Department of Criminal Justice if
75	75	the applicant also provides supplemental verifiable records or
76	76	documents that aid in establishing identity.
77	77	(e) The application must include any other information the
78	78	department requires to determine the applicant's identity,
79	79	residency, competency, and eligibility as required by the
80	80	department or state law.
81	81	SECTION 5. Section 521.1425, Transportation Code, is
82	82	amended by amending Subsection (a) and adding Subsection (c) to
83	83	read as follows:
84	84	(a) Except as provided by Subsections [Subsection] (b) and
85	85	(c), the department may require each applicant for an original,
86	86	renewal, or duplicate driver's license to furnish to the department
87	87	the information required by Section 521.142.
88	88	(c) Unless the information has been previously provided to
89	89	the department, the department shall require each applicant for an
90	90	original, renewal, or duplicate driver's license to furnish to the
91	91	department:
92	92	(1) proof of the applicant's United States
93	93	citizenship; or
94	94	(2) documentation described by Section 521.142(a).
95	95	SECTION 6. Section 521.271, Transportation Code, is amended
96	96	by amending Subsections (a) and (b) and adding Subsections (a-2),
97	97	(a-3), and (a-4) to read as follows:
98	98	(a) Each original driver's license, [and] provisional
99	99	license, instruction permit, or occupational license issued to an
100	100	applicant who is a citizen or legal permanent resident of the United
101	101	States or a refugee or asylee lawfully admitted into the United
102	102	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 18th
108	108	birthday of the license holder;
109	109	(3) an instruction permit expires on the 18th birthday
110	110	of the license holder;
111	111	(4) an occupational license expires on the first
112	112	anniversary of the court order granting the license; and
113	113	(5) unless an earlier date is otherwise provided, a
114	114	driver's license issued to a person whose residence or domicile is a
115	115	correctional facility or a parole facility expires on the first
116	116	birthday of the license holder occurring after the first
117	117	anniversary of the date of issuance.
118	118	(a-2) Each original driver's license issued to an applicant
119	119	who is not a citizen or legal permanent resident of the United
120	120	States or a refugee or asylee lawfully admitted into the United
121	121	States expires on:
122	122	(1) the earlier of:
123	123	(A) the first birthday of the license holder
124	124	occurring after the sixth anniversary of the date of the
125	125	application; or
126	126	(B) the expiration date of the license holder's
127	127	lawful presence in the United States as determined by the United
128	128	States agency responsible for citizenship and immigration in
129	129	compliance with federal law; or
130	130	(2) the first anniversary of the date of issuance, if
131	131	there is no definite expiration date for the applicant's authorized
132	132	stay in the United States.
133	133	(a-3) Each original provisional license or instruction
134	134	permit issued to an applicant who is not a citizen or legal
135	135	permanent resident of the United States or a refugee or asylee
136	136	lawfully admitted into the United States expires on the earliest
137	137	of:
138	138	(1) the 18th birthday of the license holder;
139	139	(2) the first birthday of the license holder occurring
140	140	after the date of the application; or
141	141	(3) the expiration of the license holder's lawful
142	142	presence in the United States as determined by the United States
143	143	agency responsible for citizenship and immigration in compliance
144	144	with federal law.
145	145	(a-4) Each original occupational license issued to an
146	146	applicant who is not a citizen or legal permanent resident of the
147	147	United States or a refugee or asylee lawfully admitted into the
148	148	United States expires on the earlier of:
149	149	(1) the first anniversary of the date of issuance; or
150	150	(2) the expiration of the license holder's lawful
151	151	presence in the United States as determined by the United States
152	152	agency responsible for citizenship and immigration in compliance
153	153	with federal law.
154	154	(b) Except as provided by Section 521.2711, a driver's
155	155	license that is renewed expires on the earlier of:
156	156	(1) the sixth anniversary of the expiration date
157	157	before renewal if the applicant is a citizen or legal permanent
158	158	resident of the United States or a refugee or asylee lawfully
159	159	admitted into the United States;
160	160	(1-a) for an applicant not described by Subdivision
161	161	(1):
162	162	(A) the earlier of:
163	163	(i) the sixth anniversary of the expiration
164	164	date before renewal; or
165	165	(ii) the expiration date of the applicant's
166	166	authorized stay in the United States; or
167	167	(B) the first anniversary of the date of
168	168	issuance, if there is no definite expiration date for the
169	169	applicant's authorized stay in the United States; or
170	170	(2) for a renewal driver's license issued to a person
171	171	whose residence or domicile is a correctional facility or a parole
172	172	facility, the first birthday of the license holder occurring after
173	173	the first anniversary of the date of issuance unless an earlier date
174	174	is otherwise provided.
175	175	SECTION 7. Section 521.2711, Transportation Code, is
176	176	amended by adding Subsection (c) to read as follows:
177	177	(c) Notwithstanding Subsections (a) and (b), an original or
178	178	renewal driver's license issued to an applicant who is 85 years of
179	179	age or older and not a citizen or legal permanent resident of the
180	180	United States or a refugee or asylee lawfully admitted into the
181	181	United States expires on:
182	182	(1) the earlier of:
183	183	(A) the second anniversary of the expiration date
184	184	before renewal; or
185	185	(B) the expiration date of the applicant's
186	186	authorized stay in the United States; or
187	187	(2) the first anniversary of the date of issuance if
188	188	there is no definite expiration date for the applicant's authorized
189	189	stay in the United States.
190	190	SECTION 8. Section 521.272, Transportation Code, is amended
191	191	by amending Subsection (c) and adding Subsection (d) to read as
192	192	follows:
193	193	(c) Notwithstanding Sections [Section] 521.271 and
194	194	521.2711, a driver's license issued under this section, including a
195	195	renewal, duplicate, or corrected license, expires:
196	196	(1) if the license holder is a citizen or legal
197	197	permanent resident of the United States or a refugee or asylee
198	198	lawfully admitted into the United States, on the first birthday of
199	199	the license holder occurring after the date of application, except
200	200	that the initial license issued under this section expires on the
201	201	second birthday of the license holder occurring after the date of
202	202	application; or
203	203	(2) if the applicant is not described by Subdivision
204	204	(1), on the earlier of:
205	205	(A) the expiration date of the applicant's
206	206	authorized stay in the United States; or
207	207	(B) the first birthday of the license holder
208	208	occurring after the date of application, except that the initial
209	209	license issued under this section expires on the second birthday of
210	210	the license holder occurring after the date of application.
211	211	(d) Subsection (c) [This subsection] does not apply to:
212	212	(1) a provisional license;
213	213	(2) an instruction permit issued under Section
214	214	521.222; or
215	215	(3) a hardship license issued under Section 521.223.
216	216	SECTION 9. Section 521.421, Transportation Code, is amended
217	217	by adding Subsections (a-3) and (a-4) to read as follows:
218	218	(a-3) Except as provided by Subsections (a-1) and (a-2), the
219	219	fee for a driver's license or personal identification certificate
220	220	that is issued to a person who is not a citizen or legal permanent
221	221	resident of the United States or a refugee or asylee lawfully
222	222	admitted into the United States and that is valid for not more than
223	223	one year is $15.
224	224	(a-4) Except as provided by Subsection (a-2), the fee for a
225	225	temporary driver's license or temporary personal identification
226	226	certificate that is valid for more than one year is $15 for the
227	227	first year and $10 for each additional year or portion of a year.
228	228	SECTION 10. Section 522.021(c), Transportation Code, is
229	229	amended to read as follows:
230	230	(c) The application must meet the requirements of an
231	231	application under Sections [Section] 521.141, 521.142, and
232	232	521.1425 and [must] be accompanied by the fee required under
233	233	Section 522.029. The department may require documentary evidence
234	234	to verify the information required by this section [Subsection
235	235	(a)].
236	236	SECTION 11. 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 12. Section 522.033(b), Transportation Code, is
261	261	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 date of the applicant's
276	276	authorized stay in the United States; or
277	277	(B) the first birthday of the license holder
278	278	occurring after the date of application, except that the initial
279	279	license issued under this section expires on the second birthday of
280	280	the license holder occurring after the date of application.
281	281	SECTION 13. Section 522.052, Transportation Code, is
282	282	amended by adding Subsection (i) to read as follows:
283	283	(i) 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 14. The changes in law made by this Act apply only
291	291	to a driver's license, personal identification certificate,
292	292	commercial driver's license, or commercial driver learner's permit
293	293	issued or renewed on or after the effective date of this Act. A
294	294	driver's license, personal identification certificate, commercial
295	295	driver's license, or commercial driver learner's permit issued or
296	296	renewed before the effective date of this Act is governed by the law
297	297	in effect when the license, certificate, or permit was issued, and
298	298	the former law is continued in effect for that purpose.
299	299	SECTION 15. This Act takes effect September 1, 2011.