Texas 2019 - 86th Regular

Texas House Bill HB1844 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R20417~~ JRR-D
	1	+	86R9609 JRR-D
2	2		By: Guillen H.B. No. 1844
3		-	Substitute the following for H.B. No. 1844:
4		-	By: Goodwin C.S.H.B. No. 1844
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to ~~authorizing certain optional designations on a person~~'s
10		-	~~driver's license,~~ ~~commercial driver's license,~~ ~~or personal~~
11		-	~~identification certificate~~.
	7	+	relating to content, issuance, and change of driver's licenses and
	8	+	other forms of identification issued by the Department of Public
	9	+	Safety, including automatic voter registration.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 521.011, Transportation Code, is amended
14		-	to read as follows:
	11	+	SECTION 1. Section 507.001(b), Business & Commerce Code, is
	12	+	amended to read as follows:
	13	+	(b) This section does not affect:
	14	+	(1) the requirement to display a handgun license under
	15	+	Section 411.205, Government Code[, that a person subject to that
	16	+	section present a driver's license or identification certificate in
	17	+	addition to a concealed handgun license]; or
	18	+	(2) the types of identification required under federal
	19	+	law to access airport premises or pass through airport security.
	20	+	SECTION 2. Section 1.005, Election Code, is amended by
	21	+	adding Subdivision (4-a) to read as follows:
	22	+	(4-a) "Driver's license" includes a commercial
	23	+	driver's license.
	24	+	SECTION 3. Subchapter A, Chapter 13, Election Code, is
	25	+	amended by adding Section 13.009 to read as follows:
	26	+	Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
	27	+	PUBLIC SAFETY. (a) The voter registrar of each county shall
	28	+	automatically register any county resident who is eligible to vote
	29	+	as provided by Section 13.001 and:
	30	+	(1) is issued an original or renewal Texas driver's
	31	+	license or a personal identification card by the Department of
	32	+	Public Safety; or
	33	+	(2) makes a change to a Texas driver's license or
	34	+	personal identification card issued by the Department of Public
	35	+	Safety.
	36	+	(b) A driver's license or personal identification card
	37	+	transaction with an indication provided by Section 20.062(b) or
	38	+	20.063(c) that the transaction is not for voter registration
	39	+	purposes is not subject to this section.
	40	+	SECTION 4. Section 20.061, Election Code, is amended to
	41	+	read as follows:
	42	+	Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
	43	+	provisions of this chapter apply to the Department of Public Safety
	44	+	except provisions that conflict with this subchapter or Section
	45	+	13.009.
	46	+	SECTION 5. Section 20.062(b), Election Code, is amended to
	47	+	read as follows:
	48	+	(b) The department shall prescribe and use a change of
	49	+	address form and procedure that combines department and voter
	50	+	registration functions. The form must allow a licensee or
	51	+	cardholder to indicate that [whether] the change of address is not
	52	+	[also to be used] for voter registration purposes.
	53	+	SECTION 6. Section 20.063, Election Code, is amended to
	54	+	read as follows:
	55	+	Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
	56	+	of Public Safety shall consider an application made in person, by
	57	+	mail, or online at the department's Internet website [provide to
	58	+	each person who applies in person at the department's offices] for
	59	+	an original or renewal of a driver's license, a personal
	60	+	identification card, or a duplicate or corrected license or card by
	61	+	a person who is eligible to vote as provided by Section 13.001 an
	62	+	application for [opportunity to complete a] voter registration.
	63	+	The date of application is considered to be the date of submission
	64	+	to the voter registrar for the purpose of determining the effective
	65	+	date of registration [application form].
	66	+	(b) The Department of Public Safety shall consider a change
	67	+	of address that relates to [When the department processes] a
	68	+	license or card and that is submitted to [for renewal by mail,] the
	69	+	department [shall deliver to the applicant by mail a voter
	70	+	registration application form.
	71	+	[(c) A change of address that relates to a license or card
	72	+	and that is submitted to the department] in person, [or] by mail, or
	73	+	online at the department's Internet website [serves] as a change in
	74	+	[of address for] voter registration [unless the licensee or
	75	+	cardholder indicates that the change is not for voter registration
	76	+	purposes]. The date of submission of a change of address to a
	77	+	department employee is considered to be the date of submission to
	78	+	the voter registrar for the purpose of determining the effective
	79	+	date of registration [only].
	80	+	(c) The registration of an eligible [(d) If a completed]
	81	+	voter as required by Subsections (a) and (b) is automatic unless the
	82	+	person indicates that the transaction is not for voter
	83	+	registration purposes [application submitted to a department
	84	+	employee does not include the applicant's correct driver's license
	85	+	number or personal identification card number, a department
	86	+	employee shall enter the appropriate information on the
	87	+	application. If a completed application does not include the
	88	+	applicant's correct residence address or mailing address, a
	89	+	department employee shall obtain the appropriate information from
	90	+	the applicant and enter the information on the application].
	91	+	SECTION 7. Section 20.065(b), Election Code, is amended to
	92	+	read as follows:
	93	+	(b) Each weekday the department is regularly open for
	94	+	business, the department shall electronically transfer to the
	95	+	secretary of state the name and information designated by the
	96	+	secretary of state for [of each person who completes a] voter
	97	+	registration for each individual who is eligible to vote as
	98	+	provided by Section 13.001 and applies in person, by mail, or online
	99	+	at the department's Internet website for an original or renewal of a
	100	+	driver's license, a personal identification card, or a duplicate or
	101	+	corrected license or card [application submitted to the
	102	+	department]. The secretary shall prescribe procedures necessary to
	103	+	implement this subsection.
	104	+	SECTION 8. Subchapter H, Chapter 411, Government Code, is
	105	+	amended by adding Section 411.1795 to read as follows:
	106	+	Sec. 411.1795. DESIGNATION ON DRIVER'S LICENSE, COMMERCIAL
	107	+	DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION CERTIFICATE. The
	108	+	department shall adopt rules allowing an applicant for an original,
	109	+	duplicate, modified, or renewed license under this subchapter, in
	110	+	addition to being issued an original, duplicate, modified, or
	111	+	renewed license, to elect to include on the person's driver's
	112	+	license, commercial driver's license, or personal identification
	113	+	certificate a designation indicating that the person is licensed
	114	+	under this subchapter. The rules must include procedures to ensure
	115	+	that a person who makes an election under this section:
	116	+	(1) receives a designation on the person's driver's
	117	+	license, commercial driver's license, or personal identification
	118	+	certificate only if the person meets the requirements for issuance
	119	+	of the original, duplicate, modified, or renewed handgun license;
	120	+	and
	121	+	(2) maintains the designation only during the period
	122	+	for which the person is licensed to carry a handgun under this
	123	+	subchapter.
	124	+	SECTION 9. Section 411.205, Government Code, is amended to
	125	+	read as follows:
	126	+	Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
	127	+	holder is carrying a handgun on or about the license holder's person
	128	+	when a magistrate or a peace officer demands that the license holder
	129	+	display identification, the license holder shall display either:
	130	+	(1) the license holder's:
	131	+	(A) driver's license or commercial driver's
	132	+	license that includes a handgun license designation under Section
	133	+	521.128 or 522.0302, Transportation Code; or
	134	+	(B) personal identification certificate that
	135	+	includes a designation under Section 521.105, Transportation Code;
	136	+	or
	137	+	(2) both the license holder's driver's license,
	138	+	commercial driver's license, or personal identification
	139	+	certificate issued by the department and the license holder's
	140	+	handgun license.
	141	+	SECTION 10. Section 521.011, Transportation Code, is
	142	+	amended to read as follows:
15	143		Sec. 521.011. SERVICES INFORMATION FOR VETERANS. The
16	144		department and the Texas Veterans Commission shall jointly develop
17	145		a one-page informational paper about veterans services provided by
18	146		this state for veterans who receive:
19	147		(1) a driver's license with a designation under
20	148		Section 521.1235; [or]
21	149		(2) a commercial driver's license with a designation
22	150		under Section 522.0301; or
23	151		(3) a personal identification certificate with a
24	152		designation under Section 521.102.
25		-	SECTION 2. Section 521.101(l), Transportation Code, is
	153	+	SECTION 11. Section 521.101(l), Transportation Code, is
26	154		amended to read as follows:
27	155		(l) The application for the personal identification
28	156		certificate must provide space for the applicant:
29	157		(1) to voluntarily list any information that may
30	158		qualify the applicant to receive a personal identification
31		-	certificate with a designation under Section 521.102 or 521.~~105~~;
	159	+	certificate with a designation under Section 521.102 or 521.106;
32	160		and
33	161		(2) to include proof required by the department to
34	162		determine the applicant's eligibility to receive that designation.
35		-	SECTION 3. Subchapter E, Chapter 521, Transportation Code,
36		-	is amended by adding Section 521.105 to read as follows:
37		-	Sec. 521.105. CERTAIN OPTIONAL DESIGNATIONS ON PERSONAL
38		-	IDENTIFICATION CERTIFICATE. (a) Subject to available funds, the
39		-	department shall include on a personal identification certificate
40		-	issued to a person who:
41		-	(1) holds a lifetime resident hunting, fishing, or
42		-	combination hunting and fishing license issued under Section
43		-	42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as
44		-	applicable, a designation indicating the person's status as a
45		-	holder of the applicable license if the person:
46		-	(A) requests the designation; and
47		-	(B) provides proof sufficient to the department
48		-	that the person is a holder of the applicable license; or
49		-	(2) has been assigned a unique identifier under
50		-	Section 18.061, Election Code, a designation indicating the
51		-	person's unique identifier assigned under that section if the
52		-	person requests the designation.
53		-	(b) The department by rule may establish additional
54		-	designations that may be included on a personal identification
55		-	certificate issued to a person who:
	163	+	SECTION 12. Subchapter E, Chapter 521, Transportation Code,
	164	+	is amended by adding Sections 521.105 and 521.106 to read as
	165	+	follows:
	166	+	Sec. 521.105. HANDGUN LICENSE DESIGNATION. Subject to
	167	+	available funds, the department shall include on each personal
	168	+	identification certificate issued to a person licensed to carry a
	169	+	handgun under Subchapter H, Chapter 411, Government Code, who makes
	170	+	an election under Section 411.1795, Government Code, a designation
	171	+	that shows the person is licensed under that subchapter. The
	172	+	designation must include the person's handgun license number and a
	173	+	statement of the period for which the handgun license is effective.
	174	+	Sec. 521.106. LIFETIME RESIDENT HUNTING, FISHING, OR
	175	+	COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to
	176	+	available funds, the department shall include on a personal
	177	+	identification certificate issued to a person who holds a lifetime
	178	+	resident hunting, fishing, or combination hunting and fishing
	179	+	license issued under Section 42.0021, 46.004(d), or 50.001(b),
	180	+	Parks and Wildlife Code, as applicable, a designation that shows
	181	+	the person's status as a holder of the applicable license if the
	182	+	person:
56	183		(1) requests the designation; and
57	184		(2) provides proof sufficient to the department that
58		-	the person is eligible to receive the designation.
59		-	(c) The department may enter into an agreement with the
60		-	secretary of state for purposes of verifying under this section or
61		-	Section 521.128 or 522.0302 a person's unique identifier assigned
62		-	under Section 18.061, Election Code.
63		-	SECTION 4. Subchapter F, Chapter 521, Transportation Code,
64		-	is amended by adding Section 521.128 to read as follows:
65		-	Sec. 521.128. CERTAIN OPTIONAL DESIGNATIONS ON DRIVER'S
66		-	LICENSE. (a) Subject to available funds, the department shall
67		-	include on a driver's license issued to a person who:
68		-	(1) holds a lifetime resident hunting, fishing, or
69		-	combination hunting and fishing license issued under Section
	185	+	the person is a holder of the applicable license.
	186	+	SECTION 13. Subchapter F, Chapter 521, Transportation Code,
	187	+	is amended by adding Sections 521.128 and 521.129 to read as
	188	+	follows:
	189	+	Sec. 521.128. HANDGUN LICENSE DESIGNATION. Subject to
	190	+	available funds, the department shall include on each driver's
	191	+	license issued to a person licensed to carry a handgun under
	192	+	Subchapter H, Chapter 411, Government Code, who makes an election
	193	+	under Section 411.1795, Government Code, a designation that shows
	194	+	the person is licensed under that subchapter. The designation must
	195	+	include the person's handgun license number and a statement of the
	196	+	period for which the handgun license is effective.
	197	+	Sec. 521.129. LIFETIME RESIDENT HUNTING, FISHING, OR
	198	+	COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to
	199	+	available funds, the department shall include on a driver's license
	200	+	issued to a person who holds a lifetime resident hunting, fishing,
	201	+	or combination hunting and fishing license issued under Section
70	202		42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as
71		-	applicable, a designation ~~indicating~~ the person's status as a
	203	+	applicable, a designation that shows the person's status as a
72	204		holder of the applicable license if the person:
73		-	(A) requests the designation; and
74		-	(B) provides proof sufficient to the department
75		-	that the person is a holder of the applicable license; or
76		-	(2) has been assigned a unique identifier under
77		-	Section 18.061, Election Code, a designation indicating the
78		-	person's unique identifier assigned under that section if the
79		-	person requests the designation.
80		-	(b) The department by rule may establish additional
81		-	designations that may be included on a driver's license issued to a
82		-	person who:
83	205		(1) requests the designation; and
84	206		(2) provides proof sufficient to the department that
85		-	the person is ~~eligible to receive~~ the ~~designation~~.
86		-	SECTION 5. Section 521.142(i), Transportation Code, is
	207	+	the person is a holder of the applicable license.
	208	+	SECTION 14. Section 521.142(i), Transportation Code, is
87	209		amended to read as follows:
88	210		(i) The application must provide space for the applicant:
89	211		(1) to voluntarily list any information that may
90	212		qualify the applicant to receive a license with a designation under
91		-	Section 521.1235 or 521.~~128~~; and
	213	+	Section 521.1235 or 521.129; and
92	214		(2) to include proof required by the department to
93	215		determine the applicant's eligibility to receive that designation.
94		-	SECTION 6. Section 522.021, Transportation Code, is ~~amended~~
95		-	by adding Subsection (f) to read as follows:
	216	+	SECTION 15. Section 522.021, Transportation Code, is
	217	+	amended by adding Subsection (f) to read as follows:
96	218		(f) The application must provide space for the applicant:
97	219		(1) to voluntarily list any information that may
98	220		qualify the applicant to receive a license with a designation under
99		-	Section 522.0301 or 522.~~0302~~; and
	221	+	Section 522.0301 or 522.0303; and
100	222		(2) to include proof required by the department to
101	223		determine the applicant's eligibility to receive that designation.
102		-	SECTION 7. Subchapter C, Chapter 522, Transportation Code,
103		-	is amended by adding Sections 522.0301 and 522.~~0302~~ to ~~read as~~
104		-	follows:
	224	+	SECTION 16. Subchapter C, Chapter 522, Transportation Code,
	225	+	is amended by adding Sections 522.0301, 522.0302, and 522.0303 to
	226	+	read as follows:
105	227		Sec. 522.0301. DESIGNATION ON COMMERCIAL DRIVER'S LICENSE
106	228		ISSUED TO VETERAN. (a) In this section:
107	229		(1) "Disability rating" has the meaning assigned by
108	230		Section 11.22, Tax Code.
109	231		(2) "Disabled veteran" and "veteran" have the meanings
110	232		assigned by Section 521.1235.
111	233		(b) The department shall include the designation "VETERAN"
112	234		on a commercial driver's license issued to a veteran in an available
113	235		space on the face of the commercial driver's license or on the
114	236		reverse side of the commercial driver's license if:
115	237		(1) the veteran requests the designation; and
116	238		(2) the veteran provides proof sufficient to the
117	239		department of the veteran's military service and honorable
118	240		discharge.
119	241		(c) If a disabled veteran provides proof sufficient to the
120	242		department, the department, on request of the disabled veteran,
121	243		shall include on a commercial driver's license issued to the
122	244		disabled veteran in any available space on the face of the
123	245		commercial driver's license or on the reverse side of the
124	246		commercial driver's license:
125	247		(1) a disabled veteran designation; and
126	248		(2) the branch of the service in which the disabled
127	249		veteran served.
128	250		(d) The department shall provide to the recipient of a
129	251		commercial driver's license with a designation under this section
130	252		the informational paper described by Section 521.011 at the time
131	253		the license is issued.
132	254		(e) Notwithstanding any other law and except as provided by
133	255		Subsection (f), for purposes of obtaining a service or benefit
134	256		available for disabled veterans in this state, a disabled veteran
135	257		may use a commercial driver's license described by Subsection (c)
136	258		as satisfactory proof:
137	259		(1) that the disabled veteran has a disability rating
138	260		described by Section 521.1235(a)(2)(A) or (B), as applicable; and
139	261		(2) of branch of service and honorable discharge.
140	262		(f) A commercial driver's license described by Subsection
141	263		(c) is not satisfactory proof of the disabled veteran's disability
142	264		rating for purposes of obtaining a property tax exemption provided
143	265		by Chapter 11, Tax Code.
144	266		(g) A disabled veteran who renews a commercial driver's
145	267		license described by Subsection (c) shall provide proof sufficient
146	268		to the department of the disabled veteran's disability rating.
147		-	Sec. 522.0302. CERTAIN OPTIONAL DESIGNATIONS ON COMMERCIAL
148		-	DRIVER'S LICENSE. (a) Subject to available funds, the department
149		-	shall include on a commercial driver's license issued to a person
150		-	who:
151		-	(1) holds a lifetime resident hunting, fishing, or
152		-	combination hunting and fishing license issued under Section
153		-	42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as
154		-	applicable, a designation indicating the person's status as a
155		-	holder of the applicable license if the person:
156		-	(A) requests the designation; and
157		-	(B) provides proof sufficient to the department
158		-	that the person is a holder of the applicable license; or
159		-	(2) has been assigned a unique identifier under
160		-	Section 18.061, Election Code, a designation indicating the
161		-	person's unique identifier assigned under that section if the
162		-	person requests the designation.
163		-	(b) The department by rule may establish additional
164		-	designations that may be included on a commercial driver's license
165		-	issued to a person who:
	269	+	Sec. 522.0302. HANDGUN LICENSE DESIGNATION. Subject to
	270	+	available funds, the department shall include on each commercial
	271	+	driver's license issued to a person licensed to carry a handgun
	272	+	under Subchapter H, Chapter 411, Government Code, who makes an
	273	+	election under Section 411.1795, Government Code, a designation
	274	+	that shows the person is licensed under that subchapter. The
	275	+	designation must include the person's handgun license number and a
	276	+	statement of the period for which the handgun license is effective.
	277	+	Sec. 522.0303. LIFETIME RESIDENT HUNTING, FISHING, OR
	278	+	COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to
	279	+	available funds, the department shall include on a commercial
	280	+	driver's license issued to a person who holds a lifetime resident
	281	+	hunting, fishing, or combination hunting and fishing license issued
	282	+	under Section 42.0021, 46.004(d), or 50.001(b), Parks and Wildlife
	283	+	Code, as applicable, a designation that shows the person's status
	284	+	as a holder of the applicable license if the person:
166	285		(1) requests the designation; and
167	286		(2) provides proof sufficient to the department that
168		-	the person is eligible to receive the designation.
169		-	SECTION 8. The changes in law made by this Act to Chapters
170		-	521 and 522, Transportation Code, apply only to a driver's license,
	287	+	the person is a holder of the applicable license.
	288	+	SECTION 17. Not later than December 1, 2019, the Department
	289	+	of Public Safety shall adopt the rules required by Section
	290	+	411.1795, Government Code, as added by this Act.
	291	+	SECTION 18. (a) Section 411.1795, Government Code, as
	292	+	added by this Act, applies only to an applicant for an original,
	293	+	duplicate, modified, or renewed license to carry a handgun under
	294	+	Subchapter H, Chapter 411, Government Code, as amended by this Act,
	295	+	who submits the application on or after January 1, 2020.
	296	+	(b) The changes in law made by this Act to Chapters 521 and
	297	+	522, Transportation Code, apply only to a driver's license,
171	298		commercial driver's license, or personal identification
172	299		certificate issued or renewed under Chapter 521 or 522,
173		-	Transportation Code, on or after ~~September~~ 1, ~~2021~~.
174		-	SECTION 9. This Act takes effect September 1, 2019.
	300	+	Transportation Code, on or after January 1, 2020.
	301	+	SECTION 19. This Act takes effect September 1, 2019.