83R4495 AJZ-D
By: Burnam H.B. No. 3737
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a temporary visitor's driver's license,
provisional temporary visitor's driver's license, and temporary
visitor's instruction permit; authorizing a fee; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 521, Transportation Code, is amended by
adding Subchapter K-1 to read as follows:
SUBCHAPTER K-1. TEMPORARY VISITOR'S DRIVER'S LICENSE
Sec. 521.231. ELIGIBILITY. The department may issue a
temporary visitor's driver's license to a person who:
(1) as of the date the license is issued, has resided
in this state for at least one year;
(2) is ineligible to obtain a social security number;
and
(3) is unable to present to the department
documentation issued by the United States agency responsible for
citizenship and immigration authorizing the person to be in the
United States.
Sec. 521.232. TEMPORARY VISITOR'S DRIVER'S LICENSE
REQUIREMENTS. (a) A temporary visitor's driver's license issued
under this subchapter is not valid as proof of the license holder's
identity.
(b) The department shall:
(1) designate and clearly mark as a temporary
visitor's driver's license each license issued under this
subchapter;
(2) designate and clearly mark as a provisional
temporary visitor's driver's license each license issued under this
subchapter to a person who is at least 16 years of age but younger
than 18 years of age; and
(3) include on a license issued under this subchapter
an indication that the license is not valid proof of identity.
(c) Except as otherwise provided by this chapter, a person
who holds a temporary visitor's driver's license is subject to the
laws of this state applicable to the holder of an original or
duplicate driver's license.
(d) Except as otherwise provided by this chapter, an
applicant for a temporary visitor's driver's license who is at least
16 years of age but younger than 18 years of age is subject to the
laws of this state applicable to a holder of a provisional license.
(e) The department shall adopt rules:
(1) regarding the design and content of the temporary
visitor's driver's license;
(2) establishing criteria for proof of identification
and residency of an applicant;
(3) designating acceptable evidence that an applicant
is not eligible for a social security number; and
(4) regarding the issuance of temporary visitor's
instruction permits.
Sec. 521.233. APPLICATION. (a) An application for a
temporary visitor's driver's license must state the applicant's
full name and place and date of birth. This information must be
verified by presentation of a current passport or consular document
issued to the applicant by the country of which the applicant is a
citizen.
(b) The application must include:
(1) the thumbprints of the applicant or, if
thumbprints cannot be taken, the index fingerprints of the
applicant;
(2) a photograph of the applicant;
(3) the signature of the applicant; and
(4) a brief description of the applicant.
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed:
(A) when and by what state or country;
(B) whether that license has been suspended or
revoked or a license application denied; and
(C) the date and reason for the suspension,
revocation, or denial; and
(5) the county of residence of the applicant.
(d) If the applicant is younger than 21 years of age, the
application must state whether the applicant has completed a driver
education course required by Section 521.1601.
(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.
(f) Information supplied to the department relating to an
applicant's medical history is for the confidential use of the
department and may not be disclosed to any person or used as
evidence in a legal proceeding other than a proceeding under
Subchapter N. This subsection does not apply to information
provided by an applicant under Subsection (g).
(g) The application must provide space for the applicant to
voluntarily list any health condition that may impede communication
with a peace officer as evidenced by a written statement from a
licensed physician.
Sec. 521.234. FEES. (a) The fee for issuance or renewal of
a temporary visitor's driver's license is $24.
(b) The fee for issuance of a provisional temporary
visitor's driver's license or temporary visitor's instruction
permit is $15.
Sec. 521.235. EXPIRATION. (a) Each temporary visitor's
driver's license issued under this subchapter expires three years
after the date of issuance.
(b) Each provisional temporary visitor's driver's license
and temporary visitor's instruction permit issued under this
subchapter expires on the 18th birthday of the license holder.
Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
temporary visitor's driver's license is invalid if, on request of a
peace officer, the license holder is unable to provide evidence of
financial responsibility for a motor vehicle the license holder is
operating.
(b) A holder of a temporary visitor's driver's license who
cannot produce proof of financial responsibility commits an offense
punishable under Section 521.457.
SECTION 2. Section 521.457(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person operates a
motor vehicle on a highway:
(1) after the person's driver's license has been
canceled under this chapter if the person does not have a license
that was subsequently issued under this chapter;
(2) during a period that the person's driver's license
or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if
the license expired during a period of suspension; [or]
(4) after renewal of the person's driver's license has
been denied under any law of this state, if the person does not have
a driver's license subsequently issued under this chapter; or
(5) if the person holds a temporary visitor's driver's
license issued under Subchapter K-1 and is unable to provide
evidence of financial responsibility for a vehicle the license
holder is operating, as required under Section 521.236.
SECTION 3. Not later than January 1, 2014, the Department of
Public Safety of the State of Texas shall:
(1) adopt the rules necessary to implement Subchapter
K-1, Chapter 521, Transportation Code, as added by this Act; and
(2) create the application form required by Section
521.233, Transportation Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2013.