Texas 2017 - 85th Regular

Texas House Bill HB406 Compare Versions

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

Old	New	Differences
1	1	85R4154 AJZ-D
2	2	By: Alonzo H.B. No. 406
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; authorizing fees; creating an
10	10	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. TEXAS RESIDENT DRIVER'S PERMIT
15	15	Sec. 521.231. ELIGIBILITY. The department may issue a
16	16	Texas resident driver's permit to a person who:
17	17	(1) as of the date the permit is issued, has resided in
18	18	this state for at least one year;
19	19	(2) is ineligible to obtain a social security number;
20	20	(3) is unable to present to the department
21	21	documentation issued by the United States agency responsible for
22	22	citizenship and immigration authorizing the person to be in the
23	23	United States; and
24	24	(4) has not been finally convicted of a Class B
25	25	misdemeanor, a Class A misdemeanor, or a felony offense.
26	26	Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS.
27	27	(a) A Texas resident driver's permit issued under this subchapter
28	28	is not valid as proof of the permit holder's identity for a federal
29	29	purpose.
30	30	(b) The department shall:
31	31	(1) designate and clearly mark as a Texas resident
32	32	driver's permit each permit issued under this subchapter;
33	33	(2) designate and clearly mark as a provisional Texas
34	34	resident driver's permit each permit issued under this subchapter
35	35	to a person who is at least 16 years of age but younger than 18 years
36	36	of age; and
37	37	(3) include on a permit issued under this subchapter
38	38	an indication that the permit is not valid proof of identity for a
39	39	federal purpose.
40	40	(c) Except as otherwise provided by this chapter, a person
41	41	who holds a Texas resident driver's permit is subject to the laws of
42	42	this state applicable to the holder of an original or duplicate
43	43	driver's license.
44	44	(d) Except as otherwise provided by this chapter, an
45	45	applicant for a Texas resident driver's permit who is at least 16
46	46	years of age but younger than 18 years of age is subject to the laws
47	47	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 Texas
50	50	resident driver's permit;
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 Texas resident driver's
56	56	instruction permits.
57	57	Sec. 521.233. APPLICATION. (a) An application for a Texas
58	58	resident driver's permit must state the applicant's full name and
59	59	place and date of birth. This information must be verified by
60	60	presentation of a current passport or consular document issued to
61	61	the applicant by the country of which the applicant is a citizen.
62	62	(b) The application must include:
63	63	(1) a complete electronic set of the applicant's
64	64	fingerprints;
65	65	(2) a photograph of the applicant;
66	66	(3) the signature of the applicant;
67	67	(4) a brief description of the applicant; and
68	68	(5) any information necessary for performing a
69	69	criminal history background check on the applicant.
70	70	(c) The application must state:
71	71	(1) the sex of the applicant;
72	72	(2) the residence address of the applicant;
73	73	(3) whether the applicant has been licensed to drive a
74	74	motor vehicle before;
75	75	(4) if previously licensed:
76	76	(A) when and by what state or country;
77	77	(B) whether that license has been suspended or
78	78	revoked or a license application denied; and
79	79	(C) the date and reason for the suspension,
80	80	revocation, or denial; and
81	81	(5) the county of residence of the applicant.
82	82	(d) If the applicant is younger than 21 years of age, the
83	83	application must state whether the applicant has completed a driver
84	84	education course required by Section 521.1601.
85	85	(e) The application must include any other information the
86	86	department requires to determine the applicant's identity,
87	87	residency, competency, and eligibility as required by the
88	88	department or state law.
89	89	(f) Information supplied to the department relating to an
90	90	applicant's medical history is for the confidential use of the
91	91	department and may not be disclosed to any person or used as
92	92	evidence in a legal proceeding other than a proceeding under
93	93	Subchapter N. This subsection does not apply to information
94	94	provided by an applicant under Subsection (g).
95	95	(g) The application must provide space for the applicant to
96	96	voluntarily list any health condition that may impede communication
97	97	with a peace officer as evidenced by a written statement from a
98	98	licensed physician.
99	99	Sec. 521.234. FEES. (a) The fee for applying for an
100	100	original Texas resident driver's permit is $150.
101	101	(b) The fee for issuance or renewal of a Texas resident
102	102	driver's permit is $24.
103	103	(c) The fee for issuance of a provisional Texas resident
104	104	driver's permit or Texas resident driver's instruction permit is
105	105	$15.
106	106	Sec. 521.235. EXPIRATION. (a) Each Texas resident
107	107	driver's permit issued under this subchapter expires two years
108	108	after the date of issuance.
109	109	(b) Each provisional Texas resident driver's permit and
110	110	Texas resident driver's instruction permit issued under this
111	111	subchapter expires on the 18th birthday of the permit holder.
112	112	Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
113	113	Texas resident driver's permit is invalid if, on request of a peace
114	114	officer, the permit holder is unable to provide evidence of
115	115	financial responsibility for a motor vehicle the permit holder is
116	116	operating.
117	117	(b) A holder of a Texas resident driver's permit who cannot
118	118	provide evidence 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 Texas resident driver's
135	135	permit issued under Subchapter K-1 and is unable to provide
136	136	evidence of financial responsibility for a vehicle the permit
137	137	holder is operating, as required under Section 521.236.
138	138	SECTION 3. Not later than January 1, 2018, 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, 2017.