1 | 1 | | 84R12427 AJZ-D |
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2 | 2 | | By: Naishtat H.B. No. 2042 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the expiration date of a driver's license, personal |
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8 | 8 | | identification certificate, commercial driver's license, or |
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9 | 9 | | commercial driver learner's permit issued to a sex offender; |
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10 | 10 | | increasing a fee. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Article 42.016, Code of Criminal Procedure, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION |
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15 | 15 | | REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted |
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16 | 16 | | of, receives a grant of deferred adjudication for, or is |
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17 | 17 | | adjudicated as having engaged in delinquent conduct based on a |
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18 | 18 | | violation of an offense for which a conviction or adjudication |
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19 | 19 | | requires registration as a sex offender under Chapter 62, the court |
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20 | 20 | | shall: |
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21 | 21 | | (1) issue an order requiring the Texas Department of |
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22 | 22 | | Public Safety to include in any driver's license record or personal |
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23 | 23 | | identification certificate record maintained by the department for |
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24 | 24 | | the person an indication that the person is subject to the |
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25 | 25 | | registration requirements of Chapter 62; |
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26 | 26 | | (2) require the person to apply to the Texas |
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27 | 27 | | Department of Public Safety in person for an original or renewal |
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28 | 28 | | driver's license or personal identification certificate not later |
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29 | 29 | | than the 30th day after the date the person is released or the date |
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30 | 30 | | the department sends written notice to the person of the |
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31 | 31 | | requirements of Article 62.060, as applicable, and to [annually] |
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32 | 32 | | renew the license or certificate according to the timeline provided |
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33 | 33 | | by Section 521.272, Transportation Code; |
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34 | 34 | | (3) notify the person of the consequence of the |
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35 | 35 | | conviction or order of deferred adjudication as it relates to the |
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36 | 36 | | order issued under this article; and |
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37 | 37 | | (4) send to the Texas Department of Public Safety a |
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38 | 38 | | copy of the record of conviction, a copy of the order granting |
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39 | 39 | | deferred adjudication, or a copy of the juvenile adjudication, as |
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40 | 40 | | applicable, and a copy of the order issued under this article. |
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41 | 41 | | SECTION 2. The heading to Section 521.103, Transportation |
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42 | 42 | | Code, is amended to read as follows: |
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43 | 43 | | Sec. 521.103. EXPIRATION [AND RENEWAL REQUIREMENTS] FOR |
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44 | 44 | | CERTAIN SEX OFFENDERS. |
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45 | 45 | | SECTION 3. Sections 521.103(a) and (b), Transportation |
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46 | 46 | | Code, are amended to read as follows: |
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47 | 47 | | (a) The department may issue an original or renewal personal |
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48 | 48 | | identification certificate to a person whose driver's license or |
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49 | 49 | | personal identification certificate record indicates that the |
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50 | 50 | | person is subject to the registration requirements of Chapter 62, |
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51 | 51 | | Code of Criminal Procedure, only if the person: |
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52 | 52 | | (1) applies in person for the issuance of a |
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53 | 53 | | certificate under this section; and |
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54 | 54 | | (2) pays a fee of $80 [$20]. |
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55 | 55 | | (b) A personal identification certificate issued under this |
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56 | 56 | | section, including a renewal, duplicate, or corrected certificate, |
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57 | 57 | | expires on the fourth [first] birthday of the certificate holder |
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58 | 58 | | occurring after the date of application[, except that the initial |
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59 | 59 | | certificate issued under this section expires on the second |
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60 | 60 | | birthday of the certificate holder occurring after the date of |
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61 | 61 | | application]. |
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62 | 62 | | SECTION 4. The heading to Section 521.272, Transportation |
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63 | 63 | | Code, is amended to read as follows: |
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64 | 64 | | Sec. 521.272. [RENEWAL OF] LICENSE ISSUED TO CERTAIN SEX |
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65 | 65 | | OFFENDERS. |
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66 | 66 | | SECTION 5. Section 521.272(c), Transportation Code, is |
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67 | 67 | | amended to read as follows: |
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68 | 68 | | (c) Notwithstanding Sections 521.271 and 521.2711, a |
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69 | 69 | | driver's license issued under this section, including a renewal, |
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70 | 70 | | duplicate, or corrected license, expires: |
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71 | 71 | | (1) if the license holder is a citizen, national, or |
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72 | 72 | | legal permanent resident of the United States or a refugee or asylee |
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73 | 73 | | lawfully admitted into the United States, on the fourth [first] |
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74 | 74 | | birthday of the license holder occurring after the date of |
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75 | 75 | | application[, except that the initial license issued under this |
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76 | 76 | | section expires on the second birthday of the license holder |
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77 | 77 | | occurring after the date of application]; or |
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78 | 78 | | (2) if the applicant is not described by Subdivision |
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79 | 79 | | (1), on the earlier of: |
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80 | 80 | | (A) the expiration date of the applicant's |
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81 | 81 | | authorized stay in the United States; or |
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82 | 82 | | (B) the fourth [first] birthday of the license |
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83 | 83 | | holder occurring after the date of application[, except that the |
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84 | 84 | | initial license issued under this section expires on the second |
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85 | 85 | | birthday of the license holder occurring after the date of |
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86 | 86 | | application]. |
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87 | 87 | | SECTION 6. Section 521.421(h), Transportation Code, is |
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88 | 88 | | amended to read as follows: |
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89 | 89 | | (h) The fee for issuance or renewal of a driver's license, a |
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90 | 90 | | provisional license, an instruction permit, or a hardship license |
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91 | 91 | | issued to a person subject to the registration requirements under |
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92 | 92 | | Chapter 62, Code of Criminal Procedure, is $80 [$20]. |
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93 | 93 | | SECTION 7. Section 522.033, Transportation Code, is amended |
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94 | 94 | | to read as follows: |
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95 | 95 | | Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN |
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96 | 96 | | SEX OFFENDERS. (a) The department may issue an original or renewal |
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97 | 97 | | commercial driver's license or commercial driver learner's permit |
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98 | 98 | | to a person whose driver's license or personal identification |
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99 | 99 | | certificate record indicates that the person is subject to the |
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100 | 100 | | registration requirements of Chapter 62, Code of Criminal |
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101 | 101 | | Procedure, only if the person is otherwise eligible for the |
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102 | 102 | | commercial driver's license or commercial driver learner's permit |
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103 | 103 | | and: |
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104 | 104 | | (1) applies in person for the issuance of a license or |
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105 | 105 | | permit under this section; and |
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106 | 106 | | (2) pays a fee of $80 [$20]. |
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107 | 107 | | (b) Notwithstanding Section 522.051, a commercial driver's |
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108 | 108 | | license or commercial driver learner's permit issued under this |
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109 | 109 | | section, including a renewal, duplicate, or corrected license, |
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110 | 110 | | expires: |
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111 | 111 | | (1) if the license or permit holder is a citizen, |
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112 | 112 | | national, or legal permanent resident of the United States or a |
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113 | 113 | | refugee or asylee lawfully admitted into the United States, on the |
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114 | 114 | | fourth [first] birthday of the license holder occurring after the |
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115 | 115 | | date of application[, except that the initial license issued under |
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116 | 116 | | this section expires on the second birthday of the license holder |
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117 | 117 | | occurring after the date of application]; or |
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118 | 118 | | (2) if the applicant is not described by Subdivision |
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119 | 119 | | (1), on the earlier of: |
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120 | 120 | | (A) the expiration date of the applicant's |
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121 | 121 | | authorized stay in the United States; or |
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122 | 122 | | (B) the fourth [first] birthday of the license |
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123 | 123 | | holder occurring after the date of application[, except that the |
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124 | 124 | | initial license issued under this section expires on the second |
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125 | 125 | | birthday of the license holder occurring after the date of |
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126 | 126 | | application]. |
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127 | 127 | | SECTION 8. Article 62.060(b), Code of Criminal Procedure, |
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128 | 128 | | is repealed. |
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129 | 129 | | SECTION 9. The changes in law made by this Act to Sections |
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130 | 130 | | 521.103, 521.272, 521.421, and 522.033, Transportation Code, apply |
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131 | 131 | | only to a driver's license, personal identification certificate, |
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132 | 132 | | commercial driver's license, or commercial driver learner's permit |
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133 | 133 | | issued or renewed on or after the effective date of this Act. A |
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134 | 134 | | driver's license, personal identification certificate, commercial |
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135 | 135 | | driver's license, or commercial driver learner's permit issued or |
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136 | 136 | | renewed before the effective date of this Act is governed by the law |
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137 | 137 | | in effect when the license, certificate, or permit was issued, and |
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138 | 138 | | the former law is continued in effect for that purpose. |
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139 | 139 | | SECTION 10. This Act takes effect September 1, 2015. |
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