Texas 2015 - 84th Regular

Texas Senate Bill SB132 Compare Versions

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

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