Texas 2017 - 85th Regular

Texas Senate Bill SB1311 Compare Versions

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

Old	New	Differences
1	1	85R9889 AJZ-F
2	2	By: Garcia, Rodríguez S.B. No. 1311
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 and the amount and allocation of state
10	10	traffic fine funds; creating 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. 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 unable to present to the department
20	20	documentation issued by the United States agency responsible for
21	21	citizenship and immigration authorizing the person to be in the
22	22	United States; and
23	23	(3) has not been finally convicted of a felony
24	24	offense.
25	25	Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS.
26	26	(a) A Texas resident driver's permit issued under this subchapter
27	27	is not valid as proof of the permit holder's identity for a federal
28	28	purpose.
29	29	(b) The department shall:
30	30	(1) designate and clearly mark as a Texas resident
31	31	driver's permit each permit issued under this subchapter;
32	32	(2) designate and clearly mark as a provisional Texas
33	33	resident driver's permit each permit issued under this subchapter
34	34	to a person who is at least 16 years of age but younger than 18 years
35	35	of age; and
36	36	(3) include on a permit issued under this subchapter
37	37	an indication that the permit is not valid on proof of identity for
38	38	a federal purpose.
39	39	(c) Except as otherwise provided by this chapter, a person
40	40	who holds a Texas resident driver's permit is subject to the laws of
41	41	this state applicable to the holder of an original or duplicate
42	42	driver's license.
43	43	(d) Except as otherwise provided by this chapter, an
44	44	applicant for a Texas resident driver's permit who is at least 16
45	45	years of age but younger than 18 years of age is subject to the laws
46	46	of this state applicable to a holder of a provisional license.
47	47	(e) The department shall adopt rules:
48	48	(1) regarding the design and content of the Texas
49	49	resident driver's permit;
50	50	(2) establishing criteria for proof of identification
51	51	and residency of an applicant; 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, the
55	55	department shall design the Texas resident driver's permit to
56	56	appear substantially similar to the design and orientation of a
57	57	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:
62	62	(1) a current passport or consular document issued to
63	63	the applicant by the country of which the applicant is a citizen; or
64	64	(2) another identification document the department
65	65	determines by rule is acceptable as proof of the information.
66	66	(b) The application must include:
67	67	(1) a complete electronic set of the applicant's
68	68	fingerprints;
69	69	(2) a photograph of the applicant;
70	70	(3) the signature of the applicant;
71	71	(4) a brief description of the applicant; and
72	72	(5) any information necessary for performing a
73	73	criminal history background check on the applicant.
74	74	(c) The application must state:
75	75	(1) the sex of the applicant;
76	76	(2) the residence address of the applicant;
77	77	(3) whether the applicant has been licensed to drive a
78	78	motor vehicle before;
79	79	(4) if previously licensed, when and by what state or
80	80	country; 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) Information supplied to the department relating to an
86	86	applicant's medical history is for the confidential use of the
87	87	department and may not be disclosed to any person or used as
88	88	evidence in a legal proceeding other than a proceeding under
89	89	Subchapter N. This subsection does not apply to information
90	90	provided by an applicant under Subsection (g).
91	91	(f) Information supplied to the department relating to an
92	92	applicant's criminal history or immigration status is for the
93	93	confidential use of the department and may not be disclosed to any
94	94	person or used as evidence in a legal proceeding.
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 $100.
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	$100.
106	106	(d) Fees collected under this section shall be remitted to
107	107	the comptroller. The comptroller shall deposit money received under
108	108	this section to the credit of the designated trauma facility and
109	109	emergency medical services account under Section 780.003, Health
110	110	and Safety Code.
111	111	Sec. 521.235. EXPIRATION. (a) Each Texas resident
112	112	driver's permit issued under this subchapter expires two years
113	113	after the date of issuance.
114	114	(b) Each provisional Texas resident driver's permit and
115	115	Texas resident driver's instruction permit issued under this
116	116	subchapter expires on the 18th birthday of the permit holder.
117	117	Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
118	118	Texas resident driver's permit is invalid if, on request of a peace
119	119	officer, the permit holder is unable to provide evidence of
120	120	financial responsibility for a motor vehicle the permit holder is
121	121	operating.
122	122	(b) A holder of a Texas resident driver's permit who cannot
123	123	provide evidence of financial responsibility commits an offense
124	124	punishable under Section 521.457.
125	125	SECTION 2. Section 521.457(a), Transportation Code, is
126	126	amended to read as follows:
127	127	(a) A person commits an offense if the person operates a
128	128	motor vehicle on a highway:
129	129	(1) after the person's driver's license has been
130	130	canceled under this chapter if the person does not have a license
131	131	that was subsequently issued under this chapter;
132	132	(2) during a period that the person's driver's license
133	133	or privilege is suspended or revoked under any law of this state;
134	134	(3) while the person's driver's license is expired if
135	135	the license expired during a period of suspension; [or]
136	136	(4) after renewal of the person's driver's license has
137	137	been denied under any law of this state, if the person does not have
138	138	a driver's license subsequently issued under this chapter; or
139	139	(5) if the person holds a Texas resident driver's
140	140	permit issued under Subchapter K-1 and is unable to provide
141	141	evidence of financial responsibility for a vehicle the permit
142	142	holder is operating, as required under Section 521.236.
143	143	SECTION 3. Sections 542.4031(g) and (h), Transportation
144	144	Code, are amended to read as follows:
145	145	(g) Of the money received by the comptroller under this
146	146	section, the comptroller shall deposit:
147	147	(1) 10 [67] percent to the credit of the undedicated
148	148	portion of the general revenue fund; and
149	149	(2) 90 [33] percent to the credit of the designated
150	150	trauma facility and emergency medical services account under
151	151	Section 780.003, Health and Safety Code.
152	152	(h) Notwithstanding Subsection (g)(1), in any state fiscal
153	153	year the comptroller shall deposit 10 [67] percent of the money
154	154	received under Subsection (e)(2) to the credit of the general
155	155	revenue fund only until the total amount of the money deposited to
156	156	the credit of the general revenue fund under Subsection (g)(1) and
157	157	Section 780.002(b), Health and Safety Code, equals $250 million for
158	158	that year. If in any state fiscal year the amount received by the
159	159	comptroller under those laws for deposit to the credit of the
160	160	general revenue fund exceeds $250 million, the comptroller shall
161	161	deposit the additional amount to the credit of the Texas mobility
162	162	fund.
163	163	SECTION 4. Section 780.003(b), Health and Safety Code, is
164	164	amended to read as follows:
165	165	(b) The account is composed of money deposited to the credit
166	166	of the account under Sections 521.234, 542.406, and 707.008,
167	167	Transportation Code, and under Section 780.002 of this code.
168	168	SECTION 5. Sections 542.4031(g) and (h), Transportation
169	169	Code, as amended by this Act, apply only to money collected on or
170	170	after the effective date of this Act. Money collected before the
171	171	effective date of this Act is governed by the law in effect when the
172	172	money was collected, and the former law is continued in effect for
173	173	that purpose.
174	174	SECTION 6. Not later than January 1, 2018, the Department of
175	175	Public Safety of the State of Texas shall:
176	176	(1) adopt the rules necessary to implement Subchapter
177	177	K-1, Chapter 521, Transportation Code, as added by this Act; and
178	178	(2) create the application form required by Section
179	179	521.233, Transportation Code, as added by this Act.
180	180	SECTION 7. This Act takes effect September 1, 2017.