84R12427 AJZ-D
By: Naishtat H.B. No. 2042
A BILL TO BE ENTITLED
AN ACT
relating to the expiration date of a driver's license, personal
identification certificate, commercial driver's license, or
commercial driver learner's permit issued to a sex offender;
increasing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.016, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, the court
shall:
(1) issue an order requiring the Texas Department of
Public Safety to include in any driver's license record or personal
identification certificate record maintained by the department for
the person an indication that the person is subject to the
registration requirements of Chapter 62;
(2) require the person to apply to the Texas
Department of Public Safety in person for an original or renewal
driver's license or personal identification certificate not later
than the 30th day after the date the person is released or the date
the department sends written notice to the person of the
requirements of Article 62.060, as applicable, and to [annually]
renew the license or certificate according to the timeline provided
by Section 521.272, Transportation Code;
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the Texas Department of Public Safety a
copy of the record of conviction, a copy of the order granting
deferred adjudication, or a copy of the juvenile adjudication, as
applicable, and a copy of the order issued under this article.
SECTION 2. The heading to Section 521.103, Transportation
Code, is amended to read as follows:
Sec. 521.103. EXPIRATION [AND RENEWAL REQUIREMENTS] FOR
CERTAIN SEX OFFENDERS.
SECTION 3. Sections 521.103(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department may issue an original or renewal personal
identification certificate to a person whose driver's license or
personal identification certificate record indicates that the
person is subject to the registration requirements of Chapter 62,
Code of Criminal Procedure, only if the person:
(1) applies in person for the issuance of a
certificate under this section; and
(2) pays a fee of $80 [$20].
(b) A personal identification certificate issued under this
section, including a renewal, duplicate, or corrected certificate,
expires on the fourth [first] birthday of the certificate holder
occurring after the date of application[, except that the initial
certificate issued under this section expires on the second
birthday of the certificate holder occurring after the date of
application].
SECTION 4. The heading to Section 521.272, Transportation
Code, is amended to read as follows:
Sec. 521.272. [RENEWAL OF] LICENSE ISSUED TO CERTAIN SEX
OFFENDERS.
SECTION 5. Section 521.272(c), Transportation Code, is
amended to read as follows:
(c) Notwithstanding Sections 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 fourth [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 fourth [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 6. Section 521.421(h), Transportation Code, is
amended to read as follows:
(h) The fee for issuance or renewal of a driver's license, a
provisional license, an instruction permit, or a hardship license
issued to a person subject to the registration requirements under
Chapter 62, Code of Criminal Procedure, is $80 [$20].
SECTION 7. Section 522.033, Transportation Code, is amended
to read as follows:
Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
SEX OFFENDERS. (a) The department may issue an original or renewal
commercial driver's license or commercial driver learner's permit
to a person whose driver's license or personal identification
certificate record indicates that the person is subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure, only if the person is otherwise eligible for the
commercial driver's license or commercial driver learner's permit
and:
(1) applies in person for the issuance of a license or
permit under this section; and
(2) pays a fee of $80 [$20].
(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
fourth [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 fourth [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 8. Article 62.060(b), Code of Criminal Procedure,
is repealed.
SECTION 9. The changes in law made by this Act to Sections
521.103, 521.272, 521.421, and 522.033, Transportation Code, apply
only to a driver's license, personal identification certificate,
commercial driver's license, or commercial driver learner's permit
issued 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 or
renewed before the effective date of this Act is governed by the law
in effect when the license, certificate, or permit was issued, and
the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2015.