Texas 2017 - 85th Regular

Texas House Bill HB581 Compare Versions

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

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1	1	85R1635 JXC-D
2	2	By: Dale H.B. No. 581
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of, eligibility for, and use of limited
8	8	term personal identification certificates and driver's licenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 32.111(c), Election Code, is amended to
11	11	read as follows:
12	12	(c) The training standards adopted under Subsection (a)
13	13	must:
14	14	(1) include provisions on the acceptance and handling
15	15	of the identification presented by a voter to an election officer
16	16	under Section 63.001;
17	17	(2) detail the types of driver's licenses and personal
18	18	identification cards that are acceptable forms of identification
19	19	under Section 63.0101; and
20	20	(3) require that training materials include a
21	21	photograph of a limited term driver's license and personal
22	22	identification card issued under Subchapter L-1, Chapter 521,
23	23	Transportation Code.
24	24	SECTION 2. Section 63.0101, Election Code, is amended to
25	25	read as follows:
26	26	Sec. 63.0101. DOCUMENTATION OF PROOF OF
27	27	IDENTIFICATION. The following documentation is an acceptable form
28	28	of photo identification under this chapter:
29	29	(1) a driver's license, election identification
30	30	certificate, or personal identification card, other than a limited
31	31	term driver's license or personal identification card issued under
32	32	Subchapter L-1, Chapter 521, Transportation Code, issued to the
33	33	person by the Department of Public Safety that has not expired or
34	34	that expired no earlier than 60 days before the date of
35	35	presentation;
36	36	(2) a United States military identification card that
37	37	contains the person's photograph that has not expired or that
38	38	expired no earlier than 60 days before the date of presentation;
39	39	(3) a United States citizenship certificate issued to
40	40	the person that contains the person's photograph;
41	41	(4) a United States passport issued to the person that
42	42	has not expired or that expired no earlier than 60 days before the
43	43	date of presentation; or
44	44	(5) a license to carry a handgun issued to the person
45	45	by the Department of Public Safety that has not expired or that
46	46	expired no earlier than 60 days before the date of presentation.
47	47	SECTION 3. Section 521.101(f), Transportation Code, is
48	48	amended to read as follows:
49	49	(f) A personal identification certificate:
50	50	(1) for an applicant who is a citizen, national, or
51	51	legal permanent resident of the United States [or a refugee or
52	52	asylee lawfully admitted into the United States], expires on a date
53	53	specified by the department; or
54	54	(2) for an applicant not described by Subdivision (1),
55	55	expires on:
56	56	(A) the earlier of:
57	57	(i) a date specified by the department; or
58	58	(ii) the expiration date of the applicant's
59	59	authorized stay in the United States; or
60	60	(B) the first anniversary of the date of
61	61	issuance, if there is no definite expiration date for the
62	62	applicant's authorized stay in the United States.
63	63	SECTION 4. Chapter 521, Transportation Code, is amended by
64	64	adding Subchapter L-1 to read as follows:
65	65	SUBCHAPTER L-1. LIMITED TERM DRIVER'S LICENSES AND PERSONAL
66	66	IDENTIFICATION CERTIFICATES
67	67	Sec. 521.261. DEFINITIONS. In this subchapter:
68	68	(1) "Limited term driver's license" means a driver's
69	69	license issued by the department with an expiration date set under
70	70	Section 521.271(a-2), (a-3), or (a-4), 521.2711(c), or
71	71	521.272(c)(2).
72	72	(2) "Limited term personal identification
73	73	certificate" means a personal identification certificate issued by
74	74	the department with an expiration date set under Section
75	75	521.101(f)(2).
76	76	Sec. 521.262. APPEARANCE. (a) The department shall:
77	77	(1) adopt rules regarding the design and content of a
78	78	limited term driver's license and personal identification
79	79	certificate;
80	80	(2) designate and clearly mark the license or
81	81	certificate as a limited term license or certificate; and
82	82	(3) orient the information on and design the color of a
83	83	limited term license and certificate to clearly distinguish limited
84	84	term licenses and certificates from other licenses and certificates
85	85	issued under this chapter.
86	86	(b) The department shall include the following statements
87	87	on each limited term driver's license: "This license is not
88	88	acceptable for official federal purposes. This license is issued
89	89	only as a license to drive a motor vehicle. This license does not
90	90	establish eligibility for employment, voter registration, or
91	91	public benefits."
92	92	(c) The department shall include the following statements
93	93	on each limited term personal identification certificate: "This
94	94	certificate is not acceptable for official federal purposes. This
95	95	certificate does not establish eligibility for employment, voter
96	96	registration, or public benefits."
97	97	Sec. 521.263. APPLICATION. (a) In addition to the
98	98	requirements of Section 521.142, an application for a limited term
99	99	driver's license or personal identification certificate must
100	100	include a complete set of thumbprints and fingerprints.
101	101	(b) For the purposes of complying with the requirements of
102	102	Sections 521.101, 521.142, and 521.1425 that an applicant provide
103	103	documentation that authorizes the applicant to be in the United
104	104	States, an applicant for a limited term driver's license or
105	105	personal identification certificate may not use as proof of the
106	106	applicant's residency status or lawful status:
107	107	(1) an employment authorization document issued
108	108	through the federal Deferred Action for Childhood Arrivals program;
109	109	or
110	110	(2) a reentry permit.
111	111	Sec. 521.264. EVIDENCE OF FINANCIAL RESPONSIBILITY. An
112	112	applicant for a limited term driver's license that provides
113	113	evidence of financial responsibility to comply with Section 521.143
114	114	must establish financial responsibility through a motor vehicle
115	115	liability insurance policy that:
116	116	(1) complies with Chapter 601; and
117	117	(2) is prepaid and valid for at least a six-month
118	118	period after the date the person submits the application.
119	119	Sec. 521.265. ADMINISTRATION. The department is not
120	120	required to issue limited term driver's licenses and personal
121	121	identification certificates at all driver's license offices. The
122	122	department may designate driver's license offices to issue limited
123	123	term driver's licenses and personal identification certificates.
124	124	SECTION 5. Section 521.271, Transportation Code, is amended
125	125	to read as follows:
126	126	Sec. 521.271. LICENSE EXPIRATION. (a) Each original
127	127	driver's license, provisional license, instruction permit, or
128	128	occupational driver's license issued to an applicant who is a
129	129	citizen, national, or legal permanent resident of the United States
130	130	[or a refugee or asylee lawfully admitted into the United States]
131	131	expires as follows:
132	132	(1) except as provided by Section 521.2711, a driver's
133	133	license expires on the first birthday of the license holder
134	134	occurring after the sixth anniversary of the date of the
135	135	application;
136	136	(2) a provisional license expires on the 18th
137	137	birthday of the license holder;
138	138	(3) an instruction permit expires on the 18th birthday
139	139	of the license holder;
140	140	(4) an occupational driver's license expires on the
141	141	first anniversary of the court order granting the license; and
142	142	(5) unless an earlier date is otherwise provided, a
143	143	driver's license issued to a person whose residence or domicile is a
144	144	correctional facility or a parole facility expires on the first
145	145	birthday of the license holder occurring after the first
146	146	anniversary of the date of issuance.
147	147	(a-2) Each original driver's license issued to an applicant
148	148	who is not a citizen, national, or legal permanent resident of the
149	149	United States [or a refugee or asylee lawfully admitted into the
150	150	United States] expires on:
151	151	(1) the earlier of:
152	152	(A) the first birthday of the license holder
153	153	occurring after the sixth anniversary of the date of the
154	154	application; or
155	155	(B) the expiration date of the license holder's
156	156	lawful presence in the United States as determined by the
157	157	appropriate United States agency in compliance with federal law; or
158	158	(2) the first anniversary of the date of issuance, if
159	159	there is no definite expiration date for the applicant's authorized
160	160	stay in the United States.
161	161	(a-3) Each original provisional license or instruction
162	162	permit issued to an applicant who is not a citizen, national, or
163	163	legal permanent resident of the United States [or a refugee or
164	164	asylee lawfully admitted into the United States] expires on the
165	165	earliest of:
166	166	(1) the 18th birthday of the license holder;
167	167	(2) the first birthday of the license holder occurring
168	168	after the date of the application; or
169	169	(3) the expiration of the license holder's lawful
170	170	presence in the United States as determined by the United States
171	171	agency responsible for citizenship and immigration in compliance
172	172	with federal law.
173	173	(a-4) Each original occupational driver's license issued to
174	174	an applicant who is not a citizen, national, or legal permanent
175	175	resident of the United States [or a refugee or asylee lawfully
176	176	admitted into the United States] expires on the earlier of:
177	177	(1) the first anniversary of the date of issuance; or
178	178	(2) the expiration of the license holder's lawful
179	179	presence in the United States as determined by the appropriate
180	180	United States agency in compliance with federal law.
181	181	(b) Except as provided by Section 521.2711, a driver's
182	182	license that is renewed expires on the earlier of:
183	183	(1) the sixth anniversary of the expiration date
184	184	before renewal if the applicant is a citizen, national, or legal
185	185	permanent resident of the United States [or a refugee or asylee
186	186	lawfully admitted into the United States];
187	187	(1-a) for an applicant not described by Subdivision
188	188	(1):
189	189	(A) the earlier of:
190	190	(i) the sixth anniversary of the expiration
191	191	date before renewal; or
192	192	(ii) the expiration date of the applicant's
193	193	authorized stay in the United States; or
194	194	(B) the first anniversary of the date of
195	195	issuance, if there is no definite expiration date for the
196	196	applicant's authorized stay in the United States; or
197	197	(2) for a renewal driver's license issued to a person
198	198	whose residence or domicile is a correctional facility or a parole
199	199	facility, the first birthday of the license holder occurring after
200	200	the first anniversary of the date of issuance unless an earlier date
201	201	is otherwise provided.
202	202	SECTION 6. Section 521.2711(c), Transportation Code, is
203	203	amended to read as follows:
204	204	(c) Notwithstanding Subsections (a) and (b), an original or
205	205	renewal driver's license issued to an applicant who is 85 years of
206	206	age or older and not a citizen, national, or legal permanent
207	207	resident of the United States [or a refugee or asylee lawfully
208	208	admitted into the United States] expires on:
209	209	(1) the earlier of:
210	210	(A) the second anniversary of the expiration date
211	211	before renewal; or
212	212	(B) the expiration date of the applicant's
213	213	authorized stay in the United States; or
214	214	(2) the first anniversary of the date of issuance if
215	215	there is no definite expiration date for the applicant's authorized
216	216	stay in the United States.
217	217	SECTION 7. Section 521.272(c), Transportation Code, is
218	218	amended to read as follows:
219	219	(c) Notwithstanding Sections 521.271 and 521.2711, a
220	220	driver's license issued under this section, including a renewal,
221	221	duplicate, or corrected license, expires:
222	222	(1) if the license holder is a citizen, national, or
223	223	legal permanent resident of the United States [or a refugee or
224	224	asylee lawfully admitted into the United States], on the first
225	225	birthday of the license holder occurring after the date of
226	226	application, except that the initial license issued under this
227	227	section expires on the second birthday of the license holder
228	228	occurring after the date of application; or
229	229	(2) if the applicant is not described by Subdivision
230	230	(1), on the earlier of:
231	231	(A) the expiration date of the applicant's
232	232	authorized stay in the United States; or
233	233	(B) the first birthday of the license holder
234	234	occurring after the date of application, except that the initial
235	235	license issued under this section expires on the second birthday of
236	236	the license holder occurring after the date of application.
237	237	SECTION 8. Section 521.421(a-3), Transportation Code, is
238	238	amended to read as follows:
239	239	(a-3) Except as provided by Subsections (a-1) and (a-2), the
240	240	fee for a driver's license or personal identification certificate
241	241	that is issued to a person who is not a citizen, national, or legal
242	242	permanent resident of the United States [or a refugee or asylee
243	243	lawfully admitted into the United States] and that is valid for not
244	244	more than one year is $24.
245	245	SECTION 9. The changes in law made by this Act to Sections
246	246	521.101, 521.271, 521.2711, 521.272, and 521.421, Transportation
247	247	Code, apply only to a driver's license or personal identification
248	248	certificate issued or renewed on or after the effective date of this
249	249	Act. A driver's license or personal identification certificate
250	250	issued or renewed before the effective date of this Act is governed
251	251	by the law in effect when the license or certificate was issued or
252	252	renewed, and the former law is continued in effect for that purpose.
253	253	SECTION 10. This Act takes effect September 1, 2017.