Texas 2013 - 83rd Regular

Texas House Bill HB3206 Compare Versions

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1	1	83R22073 AJZ-F
2	2	By: Alonzo, et al. H.B. No. 3206
3	3	Substitute the following for H.B. No. 3206:
4	4	By: Menendez C.S.H.B. No. 3206
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a Texas resident driver's permit,
10	10	provisional Texas resident driver's permit, and Texas resident
11	11	driver's instruction permit; authorizing fees; creating an
12	12	offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 521, Transportation Code, is amended by
15	15	adding Subchapter K-1 to read as follows:
16	16	SUBCHAPTER K-1. TEXAS RESIDENT DRIVER'S PERMIT
17	17	Sec. 521.231. ELIGIBILITY. The department may issue a
18	18	Texas resident driver's permit to a person who:
19	19	(1) as of the date the permit is issued, has resided in
20	20	this state for at least one year;
21	21	(2) is ineligible to obtain a social security number;
22	22	(3) is unable to present to the department
23	23	documentation issued by the United States agency responsible for
24	24	citizenship and immigration authorizing the person to be in the
25	25	United States; and
26	26	(4) has not been finally convicted of a Class B
27	27	misdemeanor, a Class A misdemeanor, or any felony offense.
28	28	Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS.
29	29	(a) A Texas resident driver's permit issued under this subchapter
30	30	is not valid as proof of the permit holder's identity for any
31	31	federal purposes.
32	32	(b) The department shall:
33	33	(1) designate and clearly mark as a Texas resident
34	34	driver's permit each permit issued under this subchapter;
35	35	(2) designate and clearly mark as a provisional Texas
36	36	resident driver's permit each permit issued under this subchapter
37	37	to a person who is at least 16 years of age but younger than 18 years
38	38	of age; and
39	39	(3) include on a permit issued under this subchapter
40	40	an indication that the permit is not valid proof of identity for any
41	41	federal purposes.
42	42	(c) Except as otherwise provided by this chapter, a person
43	43	who holds a Texas resident driver's permit is subject to the laws of
44	44	this state applicable to the holder of an original or duplicate
45	45	driver's license.
46	46	(d) Except as otherwise provided by this chapter, an
47	47	applicant for a Texas resident driver's permit who is at least 16
48	48	years of age but younger than 18 years of age is subject to the laws
49	49	of this state applicable to a holder of a provisional license.
50	50	(e) The department shall adopt rules:
51	51	(1) regarding the design and content of the Texas
52	52	resident driver's permit;
53	53	(2) establishing criteria for proof of identification
54	54	and residency of an applicant;
55	55	(3) designating acceptable evidence that an applicant
56	56	is not eligible for a social security number; and
57	57	(4) regarding the issuance of Texas resident driver's
58	58	instruction permits.
59	59	Sec. 521.233. APPLICATION. (a) An application for a Texas
60	60	resident driver's permit must state the applicant's full name and
61	61	place and date of birth. This information must be verified by
62	62	presentation of a current passport or consular document issued to
63	63	the applicant by the country of which the applicant is a citizen.
64	64	(b) The application must include:
65	65	(1) a complete electronic set of the applicant's
66	66	fingerprints;
67	67	(2) a photograph of the applicant;
68	68	(3) the signature of the applicant;
69	69	(4) a brief description of the applicant; and
70	70	(5) any information necessary for performing a
71	71	criminal history background check on the applicant.
72	72	(c) The application must state:
73	73	(1) the sex of the applicant;
74	74	(2) the residence address of the applicant;
75	75	(3) whether the applicant has been licensed to drive a
76	76	motor vehicle before;
77	77	(4) if previously licensed:
78	78	(A) when and by what state or country;
79	79	(B) whether that license has been suspended or
80	80	revoked or a license application denied; and
81	81	(C) the date and reason for the suspension,
82	82	revocation, or denial; and
83	83	(5) the county of residence of the applicant.
84	84	(d) If the applicant is younger than 21 years of age, the
85	85	application must state whether the applicant has completed a driver
86	86	education course required by Section 521.1601.
87	87	(e) The application must include any other information the
88	88	department requires to determine the applicant's identity,
89	89	residency, competency, and eligibility as required by the
90	90	department or state law.
91	91	(f) Information supplied to the department relating to an
92	92	applicant's medical history is for the confidential use of the
93	93	department and may not be disclosed to any person or used as
94	94	evidence in a legal proceeding other than a proceeding under
95	95	Subchapter N. This subsection does not apply to information
96	96	provided by an applicant under Subsection (g).
97	97	(g) The application must provide space for the applicant to
98	98	voluntarily list any health condition that may impede communication
99	99	with a peace officer as evidenced by a written statement from a
100	100	licensed physician.
101	101	Sec. 521.234. FEES. (a) The fee for applying for an
102	102	original Texas resident driver's permit is $150.
103	103	(b) The fee for issuance or renewal of a Texas resident
104	104	driver's permit is $24.
105	105	(c) The fee for issuance of a provisional Texas resident
106	106	driver's permit or Texas resident driver's instruction permit is
107	107	$15.
108	108	Sec. 521.235. EXPIRATION. (a) Each Texas resident
109	109	driver's permit issued under this subchapter expires two years
110	110	after the date of issuance.
111	111	(b) Each provisional Texas resident driver's permit and
112	112	Texas resident driver's instruction permit issued under this
113	113	subchapter expires on the 18th birthday of the permit holder.
114	114	Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
115	115	Texas resident driver's permit is invalid if, on request of a peace
116	116	officer, the permit holder is unable to provide evidence of
117	117	financial responsibility for a motor vehicle the permit holder is
118	118	operating.
119	119	(b) A holder of a Texas resident driver's permit who cannot
120	120	produce proof of financial responsibility commits an offense
121	121	punishable under Section 521.457.
122	122	SECTION 2. Section 521.457(a), Transportation Code, is
123	123	amended to read as follows:
124	124	(a) A person commits an offense if the person operates a
125	125	motor vehicle on a highway:
126	126	(1) after the person's driver's license has been
127	127	canceled under this chapter if the person does not have a license
128	128	that was subsequently issued under this chapter;
129	129	(2) during a period that the person's driver's license
130	130	or privilege is suspended or revoked under any law of this state;
131	131	(3) while the person's driver's license is expired if
132	132	the license expired during a period of suspension; [or]
133	133	(4) after renewal of the person's driver's license has
134	134	been denied under any law of this state, if the person does not have
135	135	a driver's license subsequently issued under this chapter; or
136	136	(5) if the person holds a Texas resident driver's
137	137	permit issued under Subchapter K-1 and is unable to provide
138	138	evidence of financial responsibility for a vehicle the permit
139	139	holder is operating, as required under Section 521.236.
140	140	SECTION 3. Not later than January 1, 2014, the Department of
141	141	Public Safety of the State of Texas shall:
142	142	(1) adopt the rules necessary to implement Subchapter
143	143	K-1, Chapter 521, Transportation Code, as added by this Act; and
144	144	(2) create the application form required by Section
145	145	521.233, Transportation Code, as added by this Act.
146	146	SECTION 4. This Act takes effect September 1, 2013.