85R9889 AJZ-F
By: Garcia, RodrÃguez S.B. No. 1311
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a Texas resident driver's permit,
provisional Texas resident driver's permit, and Texas resident
driver's instruction permit and the amount and allocation of state
traffic fine funds; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 521, Transportation Code, is amended by
adding Subchapter K-1 to read as follows:
SUBCHAPTER K-1. TEXAS RESIDENT DRIVER'S PERMIT
Sec. 521.231. ELIGIBILITY. The department may issue a
Texas resident driver's permit to a person who:
(1) as of the date the permit is issued, has resided in
this state for at least one year;
(2) is unable to present to the department
documentation issued by the United States agency responsible for
citizenship and immigration authorizing the person to be in the
United States; and
(3) has not been finally convicted of a felony
offense.
Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS.
(a) A Texas resident driver's permit issued under this subchapter
is not valid as proof of the permit holder's identity for a federal
purpose.
(b) The department shall:
(1) designate and clearly mark as a Texas resident
driver's permit each permit issued under this subchapter;
(2) designate and clearly mark as a provisional Texas
resident driver's permit each permit issued under this subchapter
to a person who is at least 16 years of age but younger than 18 years
of age; and
(3) include on a permit issued under this subchapter
an indication that the permit is not valid on proof of identity for
a federal purpose.
(c) Except as otherwise provided by this chapter, a person
who holds a Texas resident driver's permit is subject to the laws of
this state applicable to the holder of an original or duplicate
driver's license.
(d) Except as otherwise provided by this chapter, an
applicant for a Texas resident driver's permit who is at least 16
years of age but younger than 18 years of age is subject to the laws
of this state applicable to a holder of a provisional license.
(e) The department shall adopt rules:
(1) regarding the design and content of the Texas
resident driver's permit;
(2) establishing criteria for proof of identification
and residency of an applicant; and
(3) regarding the issuance of Texas resident driver's
instruction permits.
(f) Except as otherwise provided by this chapter, the
department shall design the Texas resident driver's permit to
appear substantially similar to the design and orientation of a
driver's license.
Sec. 521.233. APPLICATION. (a) An application for a Texas
resident driver's permit must state the applicant's full name and
place and date of birth. This information must be verified by
presentation of:
(1) a current passport or consular document issued to
the applicant by the country of which the applicant is a citizen; or
(2) another identification document the department
determines by rule is acceptable as proof of the information.
(b) The application must include:
(1) a complete electronic set of the applicant's
fingerprints;
(2) a photograph of the applicant;
(3) the signature of the applicant;
(4) a brief description of the applicant; and
(5) any information necessary for performing a
criminal history background check on the applicant.
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed, when and by what state or
country; and
(5) the county of residence of the applicant.
(d) If the applicant is younger than 21 years of age, the
application must state whether the applicant has completed a driver
education course required by Section 521.1601.
(e) Information supplied to the department relating to an
applicant's medical history is for the confidential use of the
department and may not be disclosed to any person or used as
evidence in a legal proceeding other than a proceeding under
Subchapter N. This subsection does not apply to information
provided by an applicant under Subsection (g).
(f) Information supplied to the department relating to an
applicant's criminal history or immigration status is for the
confidential use of the department and may not be disclosed to any
person or used as evidence in a legal proceeding.
(g) The application must provide space for the applicant to
voluntarily list any health condition that may impede communication
with a peace officer as evidenced by a written statement from a
licensed physician.
Sec. 521.234. FEES. (a) The fee for applying for an
original Texas resident driver's permit is $150.
(b) The fee for issuance or renewal of a Texas resident
driver's permit is $100.
(c) The fee for issuance of a provisional Texas resident
driver's permit or Texas resident driver's instruction permit is
$100.
(d) Fees collected under this section shall be remitted to
the comptroller. The comptroller shall deposit money received under
this section to the credit of the designated trauma facility and
emergency medical services account under Section 780.003, Health
and Safety Code.
Sec. 521.235. EXPIRATION. (a) Each Texas resident
driver's permit issued under this subchapter expires two years
after the date of issuance.
(b) Each provisional Texas resident driver's permit and
Texas resident driver's instruction permit issued under this
subchapter expires on the 18th birthday of the permit holder.
Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
Texas resident driver's permit is invalid if, on request of a peace
officer, the permit holder is unable to provide evidence of
financial responsibility for a motor vehicle the permit holder is
operating.
(b) A holder of a Texas resident driver's permit who cannot
provide evidence of financial responsibility commits an offense
punishable under Section 521.457.
SECTION 2. Section 521.457(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person operates a
motor vehicle on a highway:
(1) after the person's driver's license has been
canceled under this chapter if the person does not have a license
that was subsequently issued under this chapter;
(2) during a period that the person's driver's license
or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if
the license expired during a period of suspension; [or]
(4) after renewal of the person's driver's license has
been denied under any law of this state, if the person does not have
a driver's license subsequently issued under this chapter; or
(5) if the person holds a Texas resident driver's
permit issued under Subchapter K-1 and is unable to provide
evidence of financial responsibility for a vehicle the permit
holder is operating, as required under Section 521.236.
SECTION 3. Sections 542.4031(g) and (h), Transportation
Code, are amended to read as follows:
(g) Of the money received by the comptroller under this
section, the comptroller shall deposit:
(1) 10 [67] percent to the credit of the undedicated
portion of the general revenue fund; and
(2) 90 [33] percent to the credit of the designated
trauma facility and emergency medical services account under
Section 780.003, Health and Safety Code.
(h) Notwithstanding Subsection (g)(1), in any state fiscal
year the comptroller shall deposit 10 [67] percent of the money
received under Subsection (e)(2) to the credit of the general
revenue fund only until the total amount of the money deposited to
the credit of the general revenue fund under Subsection (g)(1) and
Section 780.002(b), Health and Safety Code, equals $250 million for
that year. If in any state fiscal year the amount received by the
comptroller under those laws for deposit to the credit of the
general revenue fund exceeds $250 million, the comptroller shall
deposit the additional amount to the credit of the Texas mobility
fund.
SECTION 4. Section 780.003(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the credit
of the account under Sections 521.234, 542.406, and 707.008,
Transportation Code, and under Section 780.002 of this code.
SECTION 5. Sections 542.4031(g) and (h), Transportation
Code, as amended by this Act, apply only to money collected on or
after the effective date of this Act. Money collected before the
effective date of this Act is governed by the law in effect when the
money was collected, and the former law is continued in effect for
that purpose.
SECTION 6. Not later than January 1, 2018, the Department of
Public Safety of the State of Texas shall:
(1) adopt the rules necessary to implement Subchapter
K-1, Chapter 521, Transportation Code, as added by this Act; and
(2) create the application form required by Section
521.233, Transportation Code, as added by this Act.
SECTION 7. This Act takes effect September 1, 2017.