Texas 2015 - 84th Regular

Texas House Bill HB693 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2163 AJZ-D
2	2	By: Gutierrez H.B. No. 693
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a temporary visitor's driver's license,
8	8	provisional temporary visitor's driver's license, and temporary
9	9	visitor's driver's instruction permit; authorizing fees; creating
10	10	an offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 521, Transportation Code, is amended by
13	13	adding Subchapter K-1 to read as follows:
14	14	SUBCHAPTER K-1. TEMPORARY VISITOR'S DRIVER'S LICENSE
15	15	Sec. 521.231. ELIGIBILITY. The department may issue a
16	16	temporary visitor's driver's license to a person who:
17	17	(1) as of the date the license is issued, has resided
18	18	in this state for at least one year;
19	19	(2) is ineligible to obtain a social security number;
20	20	and
21	21	(3) is unable to present to the department
22	22	documentation issued by the United States agency responsible for
23	23	citizenship and immigration authorizing the person to be in the
24	24	United States.
25	25	Sec. 521.232. TEMPORARY VISITOR'S DRIVER'S LICENSE
26	26	REQUIREMENTS. (a) A temporary visitor's driver's license issued
27	27	under this subchapter is not valid as proof of the license holder's
28	28	identity for any federal purposes.
29	29	(b) The department shall:
30	30	(1) designate and clearly mark as a temporary
31	31	visitor's driver's license each license issued under this
32	32	subchapter;
33	33	(2) designate and clearly mark as a provisional
34	34	temporary visitor's driver's license each license issued under this
35	35	subchapter to a person who is at least 16 years of age but younger
36	36	than 18 years of age; and
37	37	(3) include on a license issued under this subchapter
38	38	an indication that the license is not valid proof of identity for
39	39	any federal purposes.
40	40	(c) Except as otherwise provided by this chapter, a person
41	41	who holds a temporary visitor's driver's license is subject to the
42	42	laws of this state applicable to the holder of an original or
43	43	duplicate driver's license.
44	44	(d) Except as otherwise provided by this chapter, an
45	45	applicant for a temporary visitor's driver's license who is at least
46	46	16 years of age but younger than 18 years of age is subject to the
47	47	laws of this state applicable to a holder of a provisional license.
48	48	(e) The department shall adopt rules:
49	49	(1) regarding the design and content of the temporary
50	50	visitor's driver's license;
51	51	(2) establishing criteria for proof of identification
52	52	and residency of an applicant;
53	53	(3) designating acceptable evidence that an applicant
54	54	is not eligible for a social security number; and
55	55	(4) regarding the issuance of temporary visitor's
56	56	driver's instruction permits.
57	57	Sec. 521.233. APPLICATION. (a) An application for a
58	58	temporary visitor's driver's license must state the applicant's
59	59	full name and place and date of birth. This information must be
60	60	verified by presentation of a current passport or consular document
61	61	issued to the applicant by the country of which the applicant is a
62	62	citizen.
63	63	(b) The application must include:
64	64	(1) a complete electronic set of the applicant's
65	65	fingerprints;
66	66	(2) a photograph of the applicant;
67	67	(3) the signature of the applicant; and
68	68	(4) a brief description of the applicant.
69	69	(c) The application must state:
70	70	(1) the sex of the applicant;
71	71	(2) the residence address of the applicant;
72	72	(3) whether the applicant has been licensed to drive a
73	73	motor vehicle before;
74	74	(4) if previously licensed:
75	75	(A) when and by what state or country;
76	76	(B) whether that license has been suspended or
77	77	revoked or a license application denied; and
78	78	(C) the date and reason for the suspension,
79	79	revocation, or denial; and
80	80	(5) the county of residence of the applicant.
81	81	(d) If the applicant is younger than 21 years of age, the
82	82	application must state whether the applicant has completed a driver
83	83	education course required by Section 521.1601.
84	84	(e) The application must include any other information the
85	85	department requires to determine the applicant's identity,
86	86	residency, competency, and eligibility as required by the
87	87	department or state law.
88	88	(f) Information supplied to the department relating to an
89	89	applicant's medical history is for the confidential use of the
90	90	department and may not be disclosed to any person or used as
91	91	evidence in a legal proceeding other than a proceeding under
92	92	Subchapter N. This subsection does not apply to information
93	93	provided by an applicant under Subsection (g).
94	94	(g) The application must provide space for the applicant to
95	95	voluntarily list any health condition that may impede communication
96	96	with a peace officer as evidenced by a written statement from a
97	97	licensed physician.
98	98	Sec. 521.234. FEES. (a) The fee for applying for an
99	99	original temporary visitor's driver's license is $75.
100	100	(b) The fee for issuance or renewal of a temporary visitor's
101	101	driver's license is $24.
102	102	(c) The fee for issuance of a provisional temporary
103	103	visitor's driver's license or temporary visitor's driver's
104	104	instruction permit is $15.
105	105	Sec. 521.235. EXPIRATION. (a) Each temporary visitor's
106	106	driver's license issued under this subchapter expires four years
107	107	after the date of issuance.
108	108	(b) Each provisional temporary visitor's driver's license
109	109	and temporary visitor's driver's instruction permit issued under
110	110	this subchapter expires on the 18th birthday of the license or
111	111	permit holder.
112	112	Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
113	113	temporary visitor's driver's license is invalid if, on request of a
114	114	peace officer, the license holder is unable to provide evidence of
115	115	financial responsibility for a motor vehicle the license holder is
116	116	operating.
117	117	(b) A holder of a temporary visitor's driver's license who
118	118	cannot produce proof of financial responsibility commits an offense
119	119	punishable under Section 521.457.
120	120	SECTION 2. Section 521.457(a), Transportation Code, is
121	121	amended to read as follows:
122	122	(a) A person commits an offense if the person operates a
123	123	motor vehicle on a highway:
124	124	(1) after the person's driver's license has been
125	125	canceled under this chapter if the person does not have a license
126	126	that was subsequently issued under this chapter;
127	127	(2) during a period that the person's driver's license
128	128	or privilege is suspended or revoked under any law of this state;
129	129	(3) while the person's driver's license is expired if
130	130	the license expired during a period of suspension; [or]
131	131	(4) after renewal of the person's driver's license has
132	132	been denied under any law of this state, if the person does not have
133	133	a driver's license subsequently issued under this chapter; or
134	134	(5) if the person holds a temporary visitor's driver's
135	135	license issued under Subchapter K-1 and is unable to provide
136	136	evidence of financial responsibility for a vehicle the license
137	137	holder is operating, as required under Section 521.236.
138	138	SECTION 3. Not later than January 1, 2016, the Department of
139	139	Public Safety of the State of Texas shall:
140	140	(1) adopt the rules necessary to implement Subchapter
141	141	K-1, Chapter 521, Transportation Code, as added by this Act; and
142	142	(2) create the application form required by Section
143	143	521.233, Transportation Code, as added by this Act.
144	144	SECTION 4. This Act takes effect September 1, 2015.