Texas 2019 86th Regular

Texas House Bill HB1844 Introduced / Bill

Filed 02/14/2019

                    86R9609 JRR-D
 By: Guillen H.B. No. 1844


 A BILL TO BE ENTITLED
 AN ACT
 relating to content, issuance, and change of driver's licenses and
 other forms of identification issued by the Department of Public
 Safety, including automatic voter registration.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 507.001(b), Business & Commerce Code, is
 amended to read as follows:
 (b)  This section does not affect:
 (1)  the requirement to display a handgun license under
 Section 411.205, Government Code[, that a person subject to that
 section present a driver's license or identification certificate in
 addition to a concealed handgun license]; or
 (2)  the types of identification required under federal
 law to access airport premises or pass through airport security.
 SECTION 2.  Section 1.005, Election Code, is amended by
 adding Subdivision (4-a) to read as follows:
 (4-a)  "Driver's license" includes a commercial
 driver's license.
 SECTION 3.  Subchapter A, Chapter 13, Election Code, is
 amended by adding Section 13.009 to read as follows:
 Sec. 13.009.  VOTER REGISTRATION THROUGH DEPARTMENT OF
 PUBLIC SAFETY. (a) The voter registrar of each county shall
 automatically register any county resident who is eligible to vote
 as provided by Section 13.001 and:
 (1)  is issued an original or renewal Texas driver's
 license or a personal identification card by the Department of
 Public Safety; or
 (2)  makes a change to a Texas driver's license or
 personal identification card issued by the Department of Public
 Safety.
 (b)  A driver's license or personal identification card
 transaction with an indication provided by Section 20.062(b) or
 20.063(c) that the transaction is not for voter registration
 purposes is not subject to this section.
 SECTION 4.  Section 20.061, Election Code, is amended to
 read as follows:
 Sec. 20.061.  APPLICABILITY OF OTHER PROVISIONS. The other
 provisions of this chapter apply to the Department of Public Safety
 except provisions that conflict with this subchapter or Section
 13.009.
 SECTION 5.  Section 20.062(b), Election Code, is amended to
 read as follows:
 (b)  The department shall prescribe and use a change of
 address form and procedure that combines department and voter
 registration functions. The form must allow a licensee or
 cardholder to indicate that [whether] the change of address is not
 [also to be used] for voter registration purposes.
 SECTION 6.  Section 20.063, Election Code, is amended to
 read as follows:
 Sec. 20.063.  REGISTRATION PROCEDURES. (a)  The Department
 of Public Safety shall consider an application made in person, by
 mail, or online at the department's Internet website [provide to
 each person who applies in person at the department's offices] for
 an original or renewal of a driver's license, a personal
 identification card, or a duplicate or corrected license or card by
 a person who is eligible to vote as provided by Section 13.001 an
 application for [opportunity to complete a] voter registration.
 The date of application is considered to be the date of submission
 to the voter registrar for the purpose of determining the effective
 date of registration [application form].
 (b)  The Department of Public Safety shall consider a change
 of address that relates to [When the department processes] a
 license or card and that is submitted to [for renewal by mail,] the
 department [shall deliver to the applicant by mail a voter
 registration application form.
 [(c)     A change of address that relates to a license or card
 and that is submitted to the department] in person, [or] by mail, or
 online at the department's Internet website [serves] as a change in
 [of address for] voter registration [unless the licensee or
 cardholder indicates that the change is not for voter registration
 purposes]. The date of submission of a change of address to a
 department employee is considered to be the date of submission to
 the voter registrar for the purpose of determining the effective
 date of registration [only].
 (c)  The registration of an eligible [(d)  If a completed]
 voter as required by Subsections (a) and (b) is automatic unless the
 person indicates that the transaction is not for voter
 registration purposes [application submitted to a department
 employee does not include the applicant's correct driver's license
 number or personal identification card number, a department
 employee shall enter the appropriate information on the
 application. If a completed application does not include the
 applicant's correct residence address or mailing address, a
 department employee shall obtain the appropriate information from
 the applicant and enter the information on the application].
 SECTION 7.  Section 20.065(b), Election Code, is amended to
 read as follows:
 (b)  Each weekday the department is regularly open for
 business, the department shall electronically transfer to the
 secretary of state the name and information designated by the
 secretary of state for [of each person who completes a] voter
 registration for each individual who is eligible to vote as
 provided by Section 13.001 and applies in person, by mail, or online
 at the department's Internet website for an original or renewal of a
 driver's license, a personal identification card, or a duplicate or
 corrected license or card [application submitted to the
 department].  The secretary shall prescribe procedures necessary to
 implement this subsection.
 SECTION 8.  Subchapter H, Chapter 411, Government Code, is
 amended by adding Section 411.1795 to read as follows:
 Sec. 411.1795.  DESIGNATION ON DRIVER'S LICENSE, COMMERCIAL
 DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION CERTIFICATE. The
 department shall adopt rules allowing an applicant for an original,
 duplicate, modified, or renewed license under this subchapter, in
 addition to being issued an original, duplicate, modified, or
 renewed license, to elect to include on the person's driver's
 license, commercial driver's license, or personal identification
 certificate a designation indicating that the person is licensed
 under this subchapter.  The rules must include procedures to ensure
 that a person who makes an election under this section:
 (1)  receives a designation on the person's driver's
 license, commercial driver's license, or personal identification
 certificate only if the person meets the requirements for issuance
 of the original, duplicate, modified, or renewed handgun license;
 and
 (2)  maintains the designation only during the period
 for which the person is licensed to carry a handgun under this
 subchapter.
 SECTION 9.  Section 411.205, Government Code, is amended to
 read as follows:
 Sec. 411.205.  REQUIREMENT TO DISPLAY LICENSE. If a license
 holder is carrying a handgun on or about the license holder's person
 when a magistrate or a peace officer demands that the license holder
 display identification, the license holder shall display either:
 (1)  the license holder's:
 (A)  driver's license or commercial driver's
 license that includes a handgun license designation under Section
 521.128 or 522.0302, Transportation Code; or
 (B)  personal identification certificate that
 includes a designation under Section 521.105, Transportation Code;
 or
 (2)  both the license holder's driver's license,
 commercial driver's license, or personal identification
 certificate issued by the department and the license holder's
 handgun license.
 SECTION 10.  Section 521.011, Transportation Code, is
 amended to read as follows:
 Sec. 521.011.  SERVICES INFORMATION FOR VETERANS.  The
 department and the Texas Veterans Commission shall jointly develop
 a one-page informational paper about veterans services provided by
 this state for veterans who receive:
 (1)  a driver's license with a designation under
 Section 521.1235; [or]
 (2)  a commercial driver's license with a designation
 under Section 522.0301; or
 (3)  a personal identification certificate with a
 designation under Section 521.102.
 SECTION 11.  Section 521.101(l), Transportation Code, is
 amended to read as follows:
 (l)  The application for the personal identification
 certificate must provide space for the applicant:
 (1)  to voluntarily list any information that may
 qualify the applicant to receive a personal identification
 certificate with a designation under Section 521.102 or 521.106;
 and
 (2)  to include proof required by the department to
 determine the applicant's eligibility to receive that designation.
 SECTION 12.  Subchapter E, Chapter 521, Transportation Code,
 is amended by adding Sections 521.105 and 521.106 to read as
 follows:
 Sec. 521.105.  HANDGUN LICENSE DESIGNATION. Subject to
 available funds, the department shall include on each personal
 identification certificate issued to a person licensed to carry a
 handgun under Subchapter H, Chapter 411, Government Code, who makes
 an election under Section 411.1795, Government Code, a designation
 that shows the person is licensed under that subchapter. The
 designation must include the person's handgun license number and a
 statement of the period for which the handgun license is effective.
 Sec. 521.106.  LIFETIME RESIDENT HUNTING, FISHING, OR
 COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to
 available funds, the department shall include on a personal
 identification certificate issued to a person who holds a lifetime
 resident hunting, fishing, or combination hunting and fishing
 license issued under Section 42.0021, 46.004(d), or 50.001(b),
 Parks and Wildlife Code, as applicable, a designation that shows
 the person's status as a holder of the applicable license if the
 person:
 (1)  requests the designation; and
 (2)  provides proof sufficient to the department that
 the person is a holder of the applicable license.
 SECTION 13.  Subchapter F, Chapter 521, Transportation Code,
 is amended by adding Sections 521.128 and 521.129 to read as
 follows:
 Sec. 521.128.  HANDGUN LICENSE DESIGNATION.  Subject to
 available funds, the department shall include on each driver's
 license issued to a person licensed to carry a handgun under
 Subchapter H, Chapter 411, Government Code, who makes an election
 under Section 411.1795, Government Code, a designation that shows
 the person is licensed under that subchapter. The designation must
 include the person's handgun license number and a statement of the
 period for which the handgun license is effective.
 Sec. 521.129.  LIFETIME RESIDENT HUNTING, FISHING, OR
 COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to
 available funds, the department shall include on a driver's license
 issued to a person who holds a lifetime resident hunting, fishing,
 or combination hunting and fishing license issued under Section
 42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as
 applicable, a designation that shows the person's status as a
 holder of the applicable license if the person:
 (1)  requests the designation; and
 (2)  provides proof sufficient to the department that
 the person is a holder of the applicable license.
 SECTION 14.  Section 521.142(i), Transportation Code, is
 amended to read as follows:
 (i)  The application must provide space for the applicant:
 (1)  to voluntarily list any information that may
 qualify the applicant to receive a license with a designation under
 Section 521.1235 or 521.129; and
 (2)  to include proof required by the department to
 determine the applicant's eligibility to receive that designation.
 SECTION 15.  Section 522.021, Transportation Code, is
 amended by adding Subsection (f) to read as follows:
 (f)  The application must provide space for the applicant:
 (1)  to voluntarily list any information that may
 qualify the applicant to receive a license with a designation under
 Section 522.0301 or 522.0303; and
 (2)  to include proof required by the department to
 determine the applicant's eligibility to receive that designation.
 SECTION 16.  Subchapter C, Chapter 522, Transportation Code,
 is amended by adding Sections 522.0301, 522.0302, and 522.0303 to
 read as follows:
 Sec. 522.0301.  DESIGNATION ON COMMERCIAL DRIVER'S LICENSE
 ISSUED TO VETERAN. (a)  In this section:
 (1)  "Disability rating" has the meaning assigned by
 Section 11.22, Tax Code.
 (2)  "Disabled veteran" and "veteran" have the meanings
 assigned by Section 521.1235.
 (b)  The department shall include the designation "VETERAN"
 on a commercial driver's license issued to a veteran in an available
 space on the face of the commercial driver's license or on the
 reverse side of the commercial driver's license if:
 (1)  the veteran requests the designation; and
 (2)  the veteran provides proof sufficient to the
 department of the veteran's military service and honorable
 discharge.
 (c)  If a disabled veteran provides proof sufficient to the
 department, the department, on request of the disabled veteran,
 shall include on a commercial driver's license issued to the
 disabled veteran in any available space on the face of the
 commercial driver's license or on the reverse side of the
 commercial driver's license:
 (1)  a disabled veteran designation; and
 (2)  the branch of the service in which the disabled
 veteran served.
 (d)  The department shall provide to the recipient of a
 commercial driver's license with a designation under this section
 the informational paper described by Section 521.011 at the time
 the license is issued.
 (e)  Notwithstanding any other law and except as provided by
 Subsection (f), for purposes of obtaining a service or benefit
 available for disabled veterans in this state, a disabled veteran
 may use a commercial driver's license described by Subsection (c)
 as satisfactory proof:
 (1)  that the disabled veteran has a disability rating
 described by Section 521.1235(a)(2)(A) or (B), as applicable; and
 (2)  of branch of service and honorable discharge.
 (f)  A commercial driver's license described by Subsection
 (c) is not satisfactory proof of the disabled veteran's disability
 rating for purposes of obtaining a property tax exemption provided
 by Chapter 11, Tax Code.
 (g)  A disabled veteran who renews a commercial driver's
 license described by Subsection (c) shall provide proof sufficient
 to the department of the disabled veteran's disability rating.
 Sec. 522.0302.  HANDGUN LICENSE DESIGNATION. Subject to
 available funds, the department shall include on each commercial
 driver's license issued to a person licensed to carry a handgun
 under Subchapter H, Chapter 411, Government Code, who makes an
 election under Section 411.1795, Government Code, a designation
 that shows the person is licensed under that subchapter.  The
 designation must include the person's handgun license number and a
 statement of the period for which the handgun license is effective.
 Sec. 522.0303.  LIFETIME RESIDENT HUNTING, FISHING, OR
 COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to
 available funds, the department shall include on a commercial
 driver's license issued to a person who holds a lifetime resident
 hunting, fishing, or combination hunting and fishing license issued
 under Section 42.0021, 46.004(d), or 50.001(b), Parks and Wildlife
 Code, as applicable, a designation that shows the person's status
 as a holder of the applicable license if the person:
 (1)  requests the designation; and
 (2)  provides proof sufficient to the department that
 the person is a holder of the applicable license.
 SECTION 17.  Not later than December 1, 2019, the Department
 of Public Safety shall adopt the rules required by Section
 411.1795, Government Code, as added by this Act.
 SECTION 18.  (a) Section 411.1795, Government Code, as
 added by this Act, applies only to an applicant for an original,
 duplicate, modified, or renewed license to carry a handgun under
 Subchapter H, Chapter 411, Government Code, as amended by this Act,
 who submits the application on or after January 1, 2020.
 (b)  The changes in law made by this Act to Chapters 521 and
 522, Transportation Code, apply only to a driver's license,
 commercial driver's license, or personal identification
 certificate issued or renewed under Chapter 521 or 522,
 Transportation Code, on or after January 1, 2020.
 SECTION 19.  This Act takes effect September 1, 2019.