Texas 2015 - 84th Regular

Texas House Bill HB4063 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R24652 AJZ-D
2	2	By: Cook, Guerra, Alonzo, et al. H.B. No. 4063
3	3	Substitute the following for H.B. No. 4063:
4	4	By: Harless C.S.H.B. No. 4063
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a Texas conditional driver's permit,
10	10	provisional Texas conditional driver's permit, and Texas
11	11	conditional instruction permit; authorizing a fee; creating a
12	12	criminal 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 CONDITIONAL DRIVER'S PERMIT
17	17	Sec. 521.231. ELIGIBILITY. The department may issue a
18	18	Texas conditional 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;
26	26	(4) has not been finally convicted of a felony
27	27	offense; and
28	28	(5) regardless of the person's age, has completed a
29	29	driver education course required by Section 521.1601 and an
30	30	examination required by Section 521.161.
31	31	Sec. 521.232. TEXAS CONDITIONAL DRIVER'S PERMIT
32	32	REQUIREMENTS. (a) A Texas conditional driver's permit issued
33	33	under this subchapter is valid as proof of the permit holder's
34	34	identity for driving purposes only. The permit is not valid as
35	35	proof of the permit holder's identity for any other state purpose or
36	36	for any federal purpose.
37	37	(b) The department shall:
38	38	(1) designate and clearly mark as a Texas conditional
39	39	driver's permit each permit issued under this subchapter;
40	40	(2) designate and clearly mark as a provisional Texas
41	41	conditional driver's permit each permit issued under this
42	42	subchapter to a person who is at least 16 years of age but younger
43	43	than 18 years of age;
44	44	(3) include on a permit issued under this subchapter
45	45	an indication that the permit is valid proof of identity for driving
46	46	purposes only, and is not valid as proof of identity for any other
47	47	state purpose or for any federal purpose; and
48	48	(4) design the Texas conditional driver's permit to
49	49	appear substantially different from the design of a driver's
50	50	license.
51	51	(c) Except as otherwise provided by this chapter, a person
52	52	who holds a Texas conditional driver's permit is subject to the laws
53	53	of this state applicable to the holder of an original or duplicate
54	54	driver's license.
55	55	(d) Except as otherwise provided by this chapter, an
56	56	applicant for a Texas conditional driver's permit who is at least 16
57	57	years of age but younger than 18 years of age is subject to the laws
58	58	of this state applicable to a holder of a provisional license.
59	59	(e) The department shall adopt rules:
60	60	(1) regarding the design and content of the Texas
61	61	conditional driver's permit;
62	62	(2) establishing criteria for proof of identification
63	63	and residency of an applicant;
64	64	(3) designating acceptable evidence that an applicant
65	65	is not eligible for a social security number;
66	66	(4) requiring a check of state and national criminal
67	67	history record information to determine whether an applicant is
68	68	eligible for a permit under Section 521.231(4); and
69	69	(5) regarding the issuance of Texas conditional
70	70	instruction permits.
71	71	Sec. 521.233. APPLICATION. (a) An application for a Texas
72	72	conditional driver's permit must state the applicant's full name
73	73	and place and date of birth. This information must be verified by
74	74	presentation of:
75	75	(1) a current passport or consular document issued to
76	76	the applicant by the country of which the applicant is a citizen; or
77	77	(2) another identification document the department
78	78	determines by rule is acceptable as proof of the information.
79	79	(b) The application must include:
80	80	(1) a complete electronic set of the applicant's
81	81	fingerprints;
82	82	(2) a photograph of the applicant;
83	83	(3) the signature of the applicant;
84	84	(4) a brief description of the applicant;
85	85	(5) any information necessary to perform a criminal
86	86	history background check on the applicant; and
87	87	(6) evidence that the applicant has resided in this
88	88	state for at least one year.
89	89	(c) The application must state:
90	90	(1) the sex of the applicant;
91	91	(2) the residence address of the applicant;
92	92	(3) whether the applicant has been licensed to drive a
93	93	motor vehicle before;
94	94	(4) if previously licensed:
95	95	(A) when and by what state or country;
96	96	(B) whether that license has been suspended or
97	97	revoked or a license application denied; and
98	98	(C) the date and reason for the suspension,
99	99	revocation, or denial; and
100	100	(5) the county of residence of the applicant.
101	101	(d) Regardless of the applicant's age, the application must
102	102	state whether the applicant has completed a driver education course
103	103	required by Section 521.1601 and an examination required by Section
104	104	521.161.
105	105	(e) The application must be accompanied by evidence of
106	106	financial responsibility that complies with Subchapter D, Chapter
107	107	601, and is prepaid and valid for at least a six-month period, or by
108	108	a statement that the applicant does not own a motor vehicle for
109	109	which evidence of financial responsibility is required under
110	110	Chapter 601. The department may require an application for a
111	111	renewal of a conditional driver's permit to be accompanied by
112	112	evidence of financial responsibility or a statement that the
113	113	applicant does not own a motor vehicle for which evidence of
114	114	financial responsibility is required under Chapter 601.
115	115	(f) Evidence of financial responsibility presented under
116	116	this section must comply with the requirements of Section 521.143.
117	117	(g) The application must include any other information the
118	118	department requires to determine the applicant's identity,
119	119	residency, competency, and eligibility as required by the
120	120	department or state law.
121	121	(h) Information supplied to the department relating to an
122	122	applicant's medical history is for the confidential use of the
123	123	department and may not be disclosed to any person or used as
124	124	evidence in a legal proceeding other than a proceeding under
125	125	Subchapter N. This subsection does not apply to information
126	126	provided by an applicant under Subsection (i).
127	127	(i) The application must provide space for the applicant to
128	128	voluntarily list any health condition that may impede communication
129	129	with a peace officer as evidenced by a written statement from a
130	130	licensed physician.
131	131	(j) Information supplied to the department relating to the
132	132	applicant's criminal history is for the confidential use of the
133	133	department and may not be disclosed to any person or used as
134	134	evidence in a legal proceeding, including an immigration
135	135	proceeding.
136	136	Sec. 521.234. FEES. The department shall set the amount of
137	137	the fee for:
138	138	(1) issuance or renewal of a Texas conditional
139	139	driver's permit; and
140	140	(2) issuance of a provisional Texas conditional
141	141	driver's permit and Texas conditional instruction permit.
142	142	Sec. 521.235. EXPIRATION. (a) Each Texas conditional
143	143	driver's permit issued under this subchapter expires one year after
144	144	the date of issuance.
145	145	(b) Each provisional Texas conditional driver's permit and
146	146	Texas conditional instruction permit issued under this subchapter
147	147	expires on the 18th birthday of the permit holder.
148	148	Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
149	149	Texas conditional driver's permit is invalid if, on request of a
150	150	peace officer, the permit holder is unable to provide evidence of
151	151	financial responsibility for a motor vehicle the permit holder is
152	152	operating that complies with Subchapter D, Chapter 601.
153	153	(b) A holder of a Texas conditional driver's permit who
154	154	cannot produce proof of financial responsibility as required by
155	155	this section commits an offense punishable under Section 521.457.
156	156	SECTION 2. Section 521.457, Transportation Code, is amended
157	157	by adding Subsection (a-1) to read as follows:
158	158	(a-1) A person who holds a Texas conditional driver's permit
159	159	issued under Subchapter K-1 commits an offense if the person
160	160	operates a motor vehicle on a highway and is unable to provide
161	161	evidence of financial responsibility for a vehicle the permit
162	162	holder is operating, as required under Section 521.236.
163	163	SECTION 3. Not later than January 1, 2016, the Department of
164	164	Public Safety of the State of Texas shall:
165	165	(1) adopt the rules necessary to implement Subchapter
166	166	K-1, Chapter 521, Transportation Code, as added by this Act; and
167	167	(2) create the application form required by Section
168	168	521.233, Transportation Code, as added by this Act.
169	169	SECTION 4. This Act takes effect September 1, 2015.