By: Williams, et al. S.B. No. 9
(In the Senate - Filed March 3, 2011; March 7, 2011, read
first time and referred to Committee on Transportation and Homeland
Security; April 26, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
April 26, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 9 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to homeland security; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.252 to read as follows:
Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON
CHARGED WITH COMMITTING OFFENSE. (a) A law enforcement agency
that has custody of a person shall verify the immigration status of
the person by use of the federal Secure Communities program
operated by United States Immigration and Customs Enforcement or a
successor program.
(b) A law enforcement agency conducting an immigration
status verification under Subsection (a) shall notify United States
Immigration and Customs Enforcement if the agency is unable to
verify a person's immigration status.
SECTION 2. Subsection (a), Section 4, Article 37.07, Code
of Criminal Procedure, is amended to read as follows:
(a) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is an offense under Section 71.02 or 71.023, Penal Code, or
an offense listed in Section 3g(a)(1), Article 42.12, [of this
code] or if the judgment contains an affirmative finding under
Section 3g(a)(2), Article 42.12, [of this code,] unless the
defendant has been convicted of an offense under Section 21.02,
Penal Code, an offense under Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section, or a capital
felony, the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, the defendant [he] will not
become eligible for parole until the actual time served equals
one-half of the sentence imposed or 30 years, whichever is less,
without consideration of any good conduct time the defendant [he]
may earn. If the defendant is sentenced to a term of less than four
years, the defendant [he] must serve at least two years before the
defendant [he] is eligible for parole. Eligibility for parole does
not guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if [he is]
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 3. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0094 to read as follows:
Sec. 411.0094. AUTOMATIC LICENSE PLATE READER PILOT
PROGRAM. (a) In this section, "automatic license plate reader"
means a system that reads and records license plate numbers taken
from digital photographs.
(b) The department shall establish a pilot program in which
automatic license plate readers may be installed in law enforcement
motor vehicles used by the department for law enforcement.
(c) The program must include a request for proposal process
to select a contractor for the installation of automatic license
plate readers.
(d) The department shall adopt rules as necessary to
implement the program.
(e) An automatic license plate reader installed under this
section:
(1) may be used only to record information necessary
to identify a motor vehicle; and
(2) may not be used to record an image of a person in a
motor vehicle.
(f) The images and any related data produced from an
automatic license plate identification camera system may be queried
or disseminated only for a law enforcement purpose.
(g) All data produced from an automatic license plate reader
shall be destroyed within one year of collection unless the data is
evidence in a criminal investigation or prosecution.
(h) Any agreement or memorandum of understanding concerning
data-sharing related to an automatic license plate identification
camera system between law enforcement entities collecting,
sharing, or gaining access to data under this section is subject to
the provisions of Chapter 552, Government Code.
(i) Not later than December 1, 2012, the department shall
file a report with the committee in each house of the legislature
having primary jurisdiction over homeland security matters. The
report must include:
(1) information regarding the use of automatic license
plate readers by the department; and
(2) any other information that would assist the
legislature in evaluating the effectiveness of the use of automatic
license plate readers by the department.
(j) This section expires September 1, 2013.
SECTION 4. Section 411.023, Government Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) A special ranger is subject to the orders of the
commission and the governor for special duty to the same extent as
other law enforcement officers provided for by this chapter, except
that a special ranger may not enforce a law [except one designed to
protect life and property and may not enforce a law] regulating the
use of a state highway by a motor vehicle. A special ranger is not
connected with a ranger company or uniformed unit of the
department.
(g) The director may call special rangers into service to:
(1) preserve the peace and protect life and property;
(2) conduct background investigations;
(3) monitor sex offenders;
(4) serve as part of two-officer units on patrol in
high threat areas; and
(5) provide assistance to the department during
disasters.
SECTION 5. Section 411.024, Government Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) A special Texas Ranger is subject to the orders of the
commission and the governor for special duty to the same extent as
other law enforcement officers provided for by this chapter, except
that a special Texas Ranger may not enforce a law [except one
designed to protect life and property and may not enforce a law]
regulating the use of a state highway by a motor vehicle. A special
Texas Ranger is not connected with a ranger company or uniformed
unit of the department.
(g) The director may call special Texas Rangers into service
to:
(1) preserve the peace and protect life and property;
(2) conduct background investigations;
(3) monitor sex offenders;
(4) serve as part of two-officer units on patrol in
high threat areas; and
(5) provide assistance to the department during
disasters.
SECTION 6. Subsection (d), Section 508.145, Government
Code, is amended to read as follows:
(d) An inmate serving a sentence for an offense described by
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K),
Article 42.12, Code of Criminal Procedure, [or for] an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2) of that article, or an offense under Section 71.02 or
71.023, Penal Code, is not eligible for release on parole until the
inmate's actual calendar time served, without consideration of good
conduct time, equals one-half of the sentence or 30 calendar years,
whichever is less, but in no event is the inmate eligible for
release on parole in less than two calendar years.
SECTION 7. Subsection (a), Section 508.149, Government
Code, is amended to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code; [or]
(17) a first degree felony under Section 15.03, Penal
Code; or
(18) a first degree felony under Section 71.02 or
71.023, Penal Code.
SECTION 8. Subsection (a), Section 511.0101, Government
Code, as amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code;
(M) prisoners for whom an immigration detainer
has been issued by United States Immigration and Customs
Enforcement [who are known to be pregnant]; and
(N) other prisoners;
(2) the total capacity of the county jail on the first
day of the month;
(3) the total number of prisoners who were confined in
the county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant; [and]
(4) the total cost to the county during the preceding
month of housing prisoners described by Subdivision (1)(M),
calculated based on the average daily cost of housing a prisoner in
the county jail; and
(5) certification by the reporting official that the
information in the report is accurate.
SECTION 9. Subsection (b), Section 71.02, Penal Code, as
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
73rd Legislature, Regular Session, 1993, is reenacted and amended
to read as follows:
(b) Except as provided in Subsections (c) and (d), an
offense under this section is one category higher than the most
serious offense listed in Subsection (a) that was committed, and if
the most serious offense is a Class A misdemeanor, the offense is a
state jail felony, except that if the most serious offense is a
felony of the first degree, the offense is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 15 years.
SECTION 10. Subsection (c), Section 71.02, Penal Code, as
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
73rd Legislature, Regular Session, 1993, is reenacted to read as
follows:
(c) Conspiring to commit an offense under this section is of
the same degree as the most serious offense listed in Subsection (a)
that the person conspired to commit.
SECTION 11. Section 71.023, Penal Code, is amended to read
as follows:
Sec. 71.023. DIRECTING ACTIVITIES OF [CERTAIN] CRIMINAL
STREET GANGS. (a) A person commits an offense if the person
knowingly [initiates, organizes, plans,] finances, directs,
[manages,] or supervises [a criminal street gang or] members of a
criminal street gang that commit or conspire to commit a felony:
(1) that is listed in Section 3g(a)(1), Article 42.12,
Code of Criminal Procedure;
(2) for which it is shown that a deadly weapon, as
defined by Section 1.07, Penal Code, was used or exhibited during
the commission of the offense or during immediate flight from the
commission of the offense; or
(3) that is punishable as a felony of the first or
second degree under Chapter 481, Health and Safety Code [with the
intent to benefit, promote, or further the interests of the
criminal street gang or to increase the person's standing,
position, or status in the criminal street gang].
(b) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years.
[(c) Notwithstanding Section 71.01, in this section,
"criminal street gang" means:
[(1) an organization that:
[(A) has more than 10 members whose names are
included in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(B) has a hierarchical structure that has been
documented in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(C) engages in profit-sharing among two or more
members of the organization; and
[(D) in one or more regions of this state served
by different regional councils of government, continuously or
regularly engages in conduct:
[(i) that constitutes an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
[(ii) in which it is alleged that a deadly
weapon is used or exhibited during the commission of or immediate
flight from the commission of any felony offense; or
[(iii) that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code; or
[(2) an organization that, in collaboration with an
organization described by Subdivision (1), engages in conduct or
commits an offense or conspires to engage in conduct or commit an
offense described by Subdivision (1)(D).]
SECTION 12. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.007 to read as follows:
Sec. 521.007. TEMPORARY VISITOR STATIONS. (a) The
department shall designate as temporary visitor stations certain
driver's license offices.
(b) A driver's license office designated as a temporary
visitor station under this section must have at least two staff
members who have completed specialized training on the temporary
visitor issuance guide published by the department.
(c) A driver's license office designated as a temporary
visitor station shall provide information and assistance to other
driver's license offices in the state.
SECTION 13. 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 14. Section 521.059, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) The department may use the image verification system
established under this section to ensure that the applicant is not a
fugitive from justice, as defined by Section 38.01, Penal Code.
SECTION 15. Section 521.101, Transportation Code, is
amended by adding Subsections (d-1), (f-2), and (f-3) and amending
Subsection (f) 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-2).
(f) A personal identification certificate:
(1) for an applicant who is a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States:
(A) expires on a date specified by the department
if the applicant is younger than 60 years of age; or
(B) does not expire if the applicant is 60 years
of age or older; or
(2) for an applicant not described by Subdivision (1),
expires on:
(A) the earlier of:
(i) a date specified by the department; or
(ii) the expiration date 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-2) An applicant who is not a citizen of the United States
must present to the department documentation issued by the
appropriate United States agency that authorizes the applicant to
be in the United States.
(f-3) The department may not issue a personal
identification certificate to an applicant who fails or refuses to
comply with Subsection (f-2).
SECTION 16. Section 521.103, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Sections 521.101(f-2) and (f-3) apply to a personal
identification certificate for which application is made under this
section.
SECTION 17. 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
appropriate United States agency that authorizes the applicant to
be in the United States before the applicant may be issued a
driver's license. 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 if the applicant also provides
supplemental verifiable records or documents that aid in
establishing identity.
(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 state law.
SECTION 18. 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 19. Section 521.271, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-2), (a-3), and (a-4) to read as follows:
(a) Each original driver's license, [and] provisional
license, instruction permit, or occupational driver's license
issued to an applicant who is a citizen, national, 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 18th
birthday of the license holder;
(3) an instruction permit expires on the 18th birthday
of the license holder;
(4) an occupational driver's license expires on the
first anniversary of the court order granting the license; and
(5) unless an earlier date is otherwise provided, a
driver's license issued to a person whose residence or domicile is a
correctional facility or a parole facility expires on the first
birthday of the license holder occurring after the first
anniversary of the date of issuance.
(a-2) Each original driver's license issued to an applicant
who is not a citizen, national, or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States expires on:
(1) the earlier of:
(A) the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application; or
(B) the expiration date of the license holder's
lawful presence in the United States as determined by the
appropriate United States agency in compliance with federal law; or
(2) 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.
(a-3) Each original provisional license or instruction
permit issued to an applicant who is not a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States expires on the earliest
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.
(a-4) Each original occupational driver's license issued to
an applicant who is not a citizen, national, 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 first anniversary of the date of issuance; or
(2) the expiration of the license holder's lawful
presence in the United States as determined by the appropriate
United States agency in compliance with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the sixth anniversary of the expiration date
before renewal if the applicant is a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States;
(1-a) for an applicant not described by Subdivision
(1):
(A) the earlier of:
(i) the sixth anniversary of the expiration
date before renewal; or
(ii) the expiration date 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; or
(2) for a renewal driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility, the first birthday of the license holder occurring after
the first anniversary of the date of issuance unless an earlier date
is otherwise provided.
SECTION 20. 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, national, or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States expires on:
(1) the earlier of:
(A) the second anniversary of the expiration date
before renewal; or
(B) the expiration date 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 applicant's authorized
stay in the United States.
SECTION 21. Section 521.272, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Notwithstanding Sections [Section] 521.271 and
521.2711, a driver's license issued under this section, including a
renewal, duplicate, or corrected license, expires:
(1) if the license holder is a citizen, national, 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 date 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 22. Section 521.421, Transportation Code, is
amended by adding Subsection (a-3) to read as follows:
(a-3) Except as provided by Subsections (a-1) and (a-2), the
fee for a driver's license or personal identification certificate
that is issued to a person who is not a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States and that is valid for not
more than one year is $24.
SECTION 23. (a) Chapter 521, Transportation Code, is
amended by adding Subchapter T to read as follows:
SUBCHAPTER T. DRIVER'S LICENSE SYSTEM IMPROVEMENT; ACCOUNT AND
FEES
Sec. 521.481. DRIVER'S LICENSE SYSTEM IMPROVEMENT ACCOUNT.
(a) The driver's license system improvement account is an account
in the general revenue fund that may be appropriated only for the
purposes of improving the driver's license system.
(b) The account consists of money deposited to the account
under this subchapter.
(c) The account is exempt from the application of:
(1) Section 403.095, Government Code, as effective on
September 1, 2011; and
(2) any successor to that section.
Sec. 521.482. DRIVER'S LICENSE SYSTEM IMPROVEMENT
FEES. (a) The department shall collect a fee of:
(1) $8 for the issuance or renewal of a driver's
license or personal identification certificate described by
Section 521.421(a) or (a-3);
(2) $20 for the issuance of a commercial driver's
license or a commercial driver learner's permit issued to a
resident of this state who is not a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States; and
(3) $40 for the issuance of a nonresident commercial
driver's license that is issued to a person who is not a resident of
this state and not a citizen, national, or legal permanent resident
of the United States or a refugee or asylee lawfully admitted into
the United States.
(b) A fee collected under this section may be used only for
the improvement of the driver's license system and shall be
deposited to the credit of the driver's license system improvement
account.
Sec. 521.483. RECORD REQUEST STANDARDIZATION
FEE. (a) The department shall charge a standardization fee for
records requested under Subchapter C.
(b) Subject to Section 521.046(b), the amount of the
standardization fee for a record request under Subchapter C is:
(1) $2.50 if the fee otherwise imposed is $2.50;
(2) $6 if the fee otherwise imposed is $4;
(3) $5.50 if the fee otherwise imposed is $4.50;
(4) $5 if the fee otherwise imposed is $5;
(5) $4.50 if the fee otherwise imposed is $5.50;
(6) $4 if the fee otherwise imposed is $6; and
(7) $3 if the fee otherwise imposed is $7.
(c) A standardization fee collected under this section
shall be deposited to the credit of the driver's license system
improvement account.
Sec. 521.484. DRIVER'S LICENSE REINSTATEMENT OR REISSUANCE
STANDARDIZATION FEE. (a) The department shall collect a
standardization fee of $25 for the reinstatement or reissuance of a
license under Section 521.313, 521.3466(d), or 601.376 of this
code, or Section 13, Article 42.12, Code of Criminal Procedure.
(b) A standardization fee collected under this section
shall be deposited to the credit of the driver's license system
improvement account.
(b) It is the intent of the legislature that:
(1) to the extent the differences are irreconcilable
and regardless of relative dates of enactment and relative
effective dates, the exemption of the driver's license system
improvement account from the application of Section 403.095,
Government Code, and any successor to that section, provided by
Subsection (c), Section 521.481, Transportation Code, as added by
this section, prevails over any other Act of the 82nd Legislature,
Regular Session, that becomes law; and
(2) Section 403.095, Government Code, as effective on
September 1, 2011, and any successor to that section, do not apply
to the account.
SECTION 24. 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 fees [fee] required under
Sections 521.482 and [Section] 522.029. The department may require
documentary evidence to verify the information required by this
section [Subsection (a)].
SECTION 25. Section 522.029, Transportation Code, is
amended by amending Subsections (a) and (k) and adding Subsection
(l) to read as follows:
(a) The fee for a commercial driver's license, including a
commercial driver's license issued to a resident of this state who
is not a citizen, national, or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States, or commercial driver learner's permit issued by the
department is $60, except as provided by Subsections (f), (h), (j),
and (k).
(k) The fee for a nonresident commercial driver's license,
including a nonresident commercial driver's license that is issued
to a person who is not a resident of this state and not a citizen,
national, or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States, is
$120.
(l) The fee for a temporary nonresident commercial driver's
license is $20.
SECTION 26. Subsection (f), Section 522.029,
Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of
the 75th Legislature, Regular Session, 1997, is redesignated 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 27. 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 28. 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,
national, 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 date 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.
SECTION 29. Section 522.052, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i) 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 30. Section 10, Article 4413(37), Revised Statutes,
is amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) An insurer shall pay to the authority a fee equal to $2
[$1] multiplied by the total number of motor vehicle years of
insurance for insurance policies delivered, issued for delivery, or
renewed by the insurer. The fee shall be paid not later than:
(1) March 1 of each year for a policy issued,
delivered, or renewed from July 1 through December 31 of the
previous calendar year; and
(2) August 1 of each year for a policy issued,
delivered, or renewed from January 1 through June 30 of that year.
(e) Fifty percent of each fee collected under Subsection (b)
shall be appropriated only to the authority for the purposes of this
article.
SECTION 31. Not later than January 1, 2013, the Department
of Public Safety of the State of Texas shall submit to the
legislature a report evaluating the effectiveness of the temporary
visitor stations established under Section 521.007, Transportation
Code, as added by this Act.
SECTION 32. Subsection (a), Section 4, Article 37.07, Code
of Criminal Procedure, Sections 508.145 and 508.149, Government
Code, and Sections 71.02 and 71.023, Penal Code, as amended by this
Act, apply only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is governed by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 33. A county shall submit the first report required
by Section 511.0101, Government Code, as amended by this Act, not
later than October 5, 2011.
SECTION 34. (a) Except as provided by Subsection (b) of
this section, the changes in law made by this Act to Chapters 521
and 522, Transportation Code, apply only to a driver's license,
personal identification certificate, commercial driver's license,
or commercial driver learner's permit issued, reissued,
reinstated, 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, reissued, reinstated, or renewed before the effective date
of this Act is governed by the law in effect when the license,
certificate, or permit was issued, reissued, reinstated, or
renewed, and the former law is continued in effect for that purpose.
(b) Subsection (a) of this section does not apply to the
change in law made by this Act to Section 521.059, Transportation
Code.
SECTION 35. The fee imposed by Section 521.483,
Transportation Code, as added by this Act, applies to a record
request submitted on or after the effective date of this Act. A
record request submitted before the effective date of this Act is
governed by the law in effect on the date the request was submitted,
and the former law is continued in effect for that purpose.
SECTION 36. Section 10, Article 4413(37), Revised Statutes,
as amended by this Act, applies only to an insurance policy issued,
delivered, or renewed on or after the effective date of this Act.
An insurance policy issued, delivered, or renewed before the
effective date of this Act is governed by the law in effect on the
date the insurance policy was issued, delivered, or renewed, and
the former law is continued in effect for that purpose.
SECTION 37. This Act takes effect September 1, 2011.
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