85R1635 JXC-D
By: Dale H.B. No. 581
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of, eligibility for, and use of limited
term personal identification certificates and driver's licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.111(c), Election Code, is amended to
read as follows:
(c) The training standards adopted under Subsection (a)
must:
(1) include provisions on the acceptance and handling
of the identification presented by a voter to an election officer
under Section 63.001;
(2) detail the types of driver's licenses and personal
identification cards that are acceptable forms of identification
under Section 63.0101; and
(3) require that training materials include a
photograph of a limited term driver's license and personal
identification card issued under Subchapter L-1, Chapter 521,
Transportation Code.
SECTION 2. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF
IDENTIFICATION. The following documentation is an acceptable form
of photo identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card, other than a limited
term driver's license or personal identification card issued under
Subchapter L-1, Chapter 521, Transportation Code, issued to the
person by the Department of Public Safety that has not expired or
that expired no earlier than 60 days before the date of
presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States passport issued to the person that
has not expired or that expired no earlier than 60 days before the
date of presentation; or
(5) a license to carry a handgun issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than 60 days before the date of presentation.
SECTION 3. Section 521.101(f), Transportation Code, is
amended to read as follows:
(f) A personal identification certificate:
(1) for an applicant who is a citizen, national, or
legal permanent resident of the United States [or a refugee or
asylee lawfully admitted into the United States], expires on a date
specified by the department; or
(2) for an applicant not described by Subdivision (1),
expires on:
(A) the earlier of:
(i) a date specified by the department; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States.
SECTION 4. Chapter 521, Transportation Code, is amended by
adding Subchapter L-1 to read as follows:
SUBCHAPTER L-1. LIMITED TERM DRIVER'S LICENSES AND PERSONAL
IDENTIFICATION CERTIFICATES
Sec. 521.261. DEFINITIONS. In this subchapter:
(1) "Limited term driver's license" means a driver's
license issued by the department with an expiration date set under
Section 521.271(a-2), (a-3), or (a-4), 521.2711(c), or
521.272(c)(2).
(2) "Limited term personal identification
certificate" means a personal identification certificate issued by
the department with an expiration date set under Section
521.101(f)(2).
Sec. 521.262. APPEARANCE. (a) The department shall:
(1) adopt rules regarding the design and content of a
limited term driver's license and personal identification
certificate;
(2) designate and clearly mark the license or
certificate as a limited term license or certificate; and
(3) orient the information on and design the color of a
limited term license and certificate to clearly distinguish limited
term licenses and certificates from other licenses and certificates
issued under this chapter.
(b) The department shall include the following statements
on each limited term driver's license: "This license is not
acceptable for official federal purposes. This license is issued
only as a license to drive a motor vehicle. This license does not
establish eligibility for employment, voter registration, or
public benefits."
(c) The department shall include the following statements
on each limited term personal identification certificate: "This
certificate is not acceptable for official federal purposes. This
certificate does not establish eligibility for employment, voter
registration, or public benefits."
Sec. 521.263. APPLICATION. (a) In addition to the
requirements of Section 521.142, an application for a limited term
driver's license or personal identification certificate must
include a complete set of thumbprints and fingerprints.
(b) For the purposes of complying with the requirements of
Sections 521.101, 521.142, and 521.1425 that an applicant provide
documentation that authorizes the applicant to be in the United
States, an applicant for a limited term driver's license or
personal identification certificate may not use as proof of the
applicant's residency status or lawful status:
(1) an employment authorization document issued
through the federal Deferred Action for Childhood Arrivals program;
or
(2) a reentry permit.
Sec. 521.264. EVIDENCE OF FINANCIAL RESPONSIBILITY. An
applicant for a limited term driver's license that provides
evidence of financial responsibility to comply with Section 521.143
must establish financial responsibility through a motor vehicle
liability insurance policy that:
(1) complies with Chapter 601; and
(2) is prepaid and valid for at least a six-month
period after the date the person submits the application.
Sec. 521.265. ADMINISTRATION. The department is not
required to issue limited term driver's licenses and personal
identification certificates at all driver's license offices. The
department may designate driver's license offices to issue limited
term driver's licenses and personal identification certificates.
SECTION 5. Section 521.271, Transportation Code, is amended
to read as follows:
Sec. 521.271. LICENSE EXPIRATION. (a) Each original
driver's license, provisional license, instruction permit, or
occupational driver's license issued to an applicant who is a
citizen, national, or legal permanent resident of the United States
[or a refugee or asylee lawfully admitted into the United States]
expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application;
(2) a provisional license expires on the 18th
birthday of the license holder;
(3) an instruction permit expires on the 18th birthday
of the license holder;
(4) an occupational driver's license expires on the
first anniversary of the court order granting the license; and
(5) unless an earlier date is otherwise provided, a
driver's license issued to a person whose residence or domicile is a
correctional facility or a parole facility expires on the first
birthday of the license holder occurring after the first
anniversary of the date of issuance.
(a-2) Each original driver's license issued to an applicant
who is not a citizen, national, or legal permanent resident of the
United States [or a refugee or asylee lawfully admitted into the
United States] expires on:
(1) the earlier of:
(A) the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application; or
(B) the expiration date of the license holder's
lawful presence in the United States as determined by the
appropriate United States agency in compliance with federal law; or
(2) the first anniversary of the date of issuance, if
there is no definite expiration date for the applicant's authorized
stay in the United States.
(a-3) Each original provisional license or instruction
permit issued to an applicant who is not a citizen, national, or
legal permanent resident of the United States [or a refugee or
asylee lawfully admitted into the United States] expires on the
earliest of:
(1) the 18th birthday of the license holder;
(2) the first birthday of the license holder occurring
after the date of the application; or
(3) the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(a-4) Each original occupational driver's license issued to
an applicant who is not a citizen, national, or legal permanent
resident of the United States [or a refugee or asylee lawfully
admitted into the United States] expires on the earlier of:
(1) the first anniversary of the date of issuance; or
(2) the expiration of the license holder's lawful
presence in the United States as determined by the appropriate
United States agency in compliance with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the sixth anniversary of the expiration date
before renewal if the applicant is a citizen, national, or legal
permanent resident of the United States [or a refugee or asylee
lawfully admitted into the United States];
(1-a) for an applicant not described by Subdivision
(1):
(A) the earlier of:
(i) the sixth anniversary of the expiration
date before renewal; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States; or
(2) for a renewal driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility, the first birthday of the license holder occurring after
the first anniversary of the date of issuance unless an earlier date
is otherwise provided.
SECTION 6. Section 521.2711(c), Transportation Code, is
amended to read as follows:
(c) Notwithstanding Subsections (a) and (b), an original or
renewal driver's license issued to an applicant who is 85 years of
age or older and not a citizen, national, or legal permanent
resident of the United States [or a refugee or asylee lawfully
admitted into the United States] expires on:
(1) the earlier of:
(A) the second anniversary of the expiration date
before renewal; or
(B) the expiration date of the applicant's
authorized stay in the United States; or
(2) the first anniversary of the date of issuance if
there is no definite expiration date for the applicant's authorized
stay in the United States.
SECTION 7. Section 521.272(c), Transportation Code, is
amended to read as follows:
(c) Notwithstanding Sections 521.271 and 521.2711, a
driver's license issued under this section, including a renewal,
duplicate, or corrected license, expires:
(1) if the license holder is a citizen, national, or
legal permanent resident of the United States [or a refugee or
asylee lawfully admitted into the United States], on the first
birthday of the license holder occurring after the date of
application, except that the initial license issued under this
section expires on the second birthday of the license holder
occurring after the date of application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
SECTION 8. Section 521.421(a-3), Transportation Code, is
amended to read as follows:
(a-3) Except as provided by Subsections (a-1) and (a-2), the
fee for a driver's license or personal identification certificate
that is issued to a person who is not a citizen, national, or legal
permanent resident of the United States [or a refugee or asylee
lawfully admitted into the United States] and that is valid for not
more than one year is $24.
SECTION 9. The changes in law made by this Act to Sections
521.101, 521.271, 521.2711, 521.272, and 521.421, Transportation
Code, apply only to a driver's license or personal identification
certificate issued or renewed on or after the effective date of this
Act. A driver's license or personal identification certificate
issued or renewed before the effective date of this Act is governed
by the law in effect when the license or certificate was issued or
renewed, and the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2017.