Texas 2019 86th Regular

Texas House Bill HB2478 Engrossed / Bill

Filed 05/08/2019

                    By: Deshotel, Beckley, Raymond, Parker, H.B. No. 2478
 Sanford


 A BILL TO BE ENTITLED
 AN ACT
 relating to driver's licenses, commercial driver's licenses, and
 other identification certificates; authorizing and increasing
 fees.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 521.009(a), (a-1), and (c),
 Transportation Code, are amended to read as follows:
 (a)  The department may establish a program for the provision
 of renewal and duplicate driver's license, election identification
 certificate, and personal identification certificate services by
 [in] counties, [and] municipalities, and private vendors that enter
 into an agreement with the department under Subsection (a-1).
 (a-1)  Under the program, the department may enter into an
 agreement with the commissioners court of a county, [or] the
 governing body of a municipality, or a private vendor to permit
 county, [or] municipal, or vendor employees to provide services at
 a county or municipal office or at a location determined by the
 vendor relating to the issuance of renewal and duplicate driver's
 licenses, election identification certificates, and personal
 identification certificates, including:
 (1)  taking photographs;
 (2)  administering vision tests;
 (3)  updating a driver's license, election
 identification certificate, or personal identification certificate
 to change a name, address, or photograph;
 (4)  distributing and collecting information relating
 to donations under Section 521.401;
 (5)  collecting fees; and
 (6)  performing other basic ministerial functions and
 tasks necessary to issue renewal and duplicate driver's licenses,
 election identification certificates, and personal identification
 certificates.
 (c)  A participating county, [or] municipality, or private
 vendor must remit to the department for deposit as required by this
 chapter fees collected for the issuance of a renewal or duplicate
 driver's license or personal identification certificate.
 SECTION 2.  Section 521.165, Transportation Code, is amended
 by amending Subsection (e) and adding Subsection (f) to read as
 follows:
 (e)  The department may authorize and set standards for an
 entity described by Subsection (a), including a driver education
 school described by Section 521.1655, to administer, and train and
 certify examiners to administer, the examination required by
 Section 521.161(b)(2).
 (f)  An entity described by Subsection (a) may not issue a
 temporary receipt under Section 521.1812 to a person who has not
 passed the testing conducted by the entity under this section.
 SECTION 3.  Subchapter I, Chapter 521, Transportation Code,
 is amended by adding Section 521.1812 to read as follows:
 Sec. 521.1812.  ISSUANCE OF TEMPORARY RECEIPT BY THIRD
 PARTY. (a) The department may authorize an entity described by
 Section 521.165, including a driver education school described by
 Section 521.1655, to issue a temporary receipt to a qualifying
 applicant who has met all requirements for a driver's license if the
 qualifying applicant holds a learner license issued by the
 department under Section 521.222.
 (b)  A temporary receipt issued under Subsection (a) serves
 as temporary permission to operate a vehicle until the department
 provides a driver's license to the qualifying applicant.
 (c)  The department shall develop a process for an entity
 under Subsection (a) to electronically transmit to the department
 the documents and information required by the department for the
 issuance of a driver's license to a qualifying applicant.
 (d)  The department shall adopt rules to implement this
 section.
 SECTION 4.  Sections 521.271(a) and (b), Transportation
 Code, are amended to read as follows:
 (a)  Each original driver's license, provisional license,
 learner license, 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 eighth [sixth] anniversary of the date of the
 application;
 (2)  a provisional license expires on the 18th
 birthday of the license holder;
 (3)  a learner license 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.
 (b)  Except as provided by Section 521.2711, a driver's
 license that is renewed expires on the earlier of:
 (1)  the eighth [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 eighth [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 5.  Section 521.421(a), Transportation Code, is
 amended to read as follows:
 (a)  The fee for issuance or renewal of a license not
 otherwise provided for by this section is $32 [$24].
 SECTION 6.  Section 521.428, Transportation Code, is amended
 to read as follows:
 Sec. 521.428.  COUNTY, [OR] MUNICIPAL, OR PRIVATE VENDOR
 FEE. A county, [or] municipality, or private vendor that provides
 services under an agreement described by Section 521.009 may
 collect an additional fee of up to $10 [$5] for each transaction
 provided that relates to driver's license and personal
 identification certificate services only.
 SECTION 7.  Section 522.029, Transportation Code, is amended
 by amending Subsection (a) and adding Subsection (m) to read as
 follows:
 (a)  The fee for a commercial driver's license issued by the
 department is $96 [$60], except as provided by Subsections (f),
 (h), (j), [and] (k), and (m).
 (m)  The fee for a commercial driver's license with a
 hazardous materials endorsement issued by the department is $60,
 except as provided by Subsections (h), (j), and (k).
 SECTION 8.  Section 522.051, Transportation Code, is amended
 by amending Subsections (a), (b), (c), (d), and (f) and adding
 Subsections (i), (j), (k), and (l) to read as follows:
 (a)  Except as provided by Subsections [Subsection] (f) and
 (i) and Sections 522.013(e), 522.033, and 522.054, an original
 commercial driver's license expires eight [five] years after the
 applicant's next birthday.
 (b)  Except as provided by Subsection (j) and Section
 522.054, a commercial driver's license issued to a person holding a
 Texas Class A, B, C, or M license that would expire one year or more
 after the date of issuance of the commercial driver's license
 expires eight [five] years after the applicant's next birthday.
 (c)  Except as provided by Subsection (k) and Section
 522.054, a commercial driver's license issued to a person holding a
 Texas Class A, B, C, or M license that would expire less than one
 year after the date of issuance of the commercial driver's license
 or that has been expired for less than one year expires eight [five]
 years after the expiration date shown on the Class A, B, C, or M
 license.
 (d)  Except as provided by Subsection (l) and Section
 522.054, a commercial driver's license issued to a person holding a
 Texas Class A, B, C, or M license that has been expired for at least
 one year but not more than two years expires eight [five] years
 after the applicant's last birthday.
 (f)  Except as provided by Section 522.013, a non-domiciled
 commercial driver's license other than a temporary non-domiciled
 commercial driver's license under Section 522.013(e) expires on:
 (1)  the earlier of:
 (A)  the first birthday of the license holder
 occurring after the eighth [fifth] 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 definitive expiration date for the applicant's
 authorized stay in the United States.
 (i)  Except as provided by Subsection (f) and Sections
 522.013(e), 522.033, and 522.054, an original commercial driver's
 license with a hazardous materials endorsement expires five years
 after the applicant's next birthday.
 (j)  Except as provided by Section 522.054, a commercial
 driver's license with a hazardous materials endorsement issued to a
 person holding a Texas Class A, B, C, or M license that would expire
 one year or more after the date of issuance of the commercial
 driver's license expires five years after the applicant's next
 birthday.
 (k)  Except as provided by Section 522.054, a commercial
 driver's license with a hazardous materials endorsement issued to a
 person holding a Texas Class A, B, C, or M license that would expire
 less than one year after the date of issuance of the commercial
 driver's license or that has been expired for less than one year
 expires five years after the expiration date shown on the Class A,
 B, C, or M license.
 (l)  Except as provided by Section 522.054, a commercial
 driver's license with a hazardous materials endorsement issued to a
 person holding a Texas Class A, B, C, or M license that has been
 expired for at least one year but not more than two years expires
 five years after the applicant's last birthday.
 SECTION 9.  Section 522.052, Transportation Code, is amended
 by amending Subsections (b) and (c) and adding Subsections (k) and
 (l) to read as follows:
 (b)  Except as provided by Section 522.054, a renewal of a
 commercial driver's license that has been expired for less than one
 year expires eight [five] years after the expiration date shown on
 the commercial driver's license.
 (c)  Except as provided by Section 522.054, a renewal of a
 commercial driver's license that has been expired for at least one
 year but not more than two years expires seven [six] years after the
 applicant's last birthday.
 (k)  Except as provided by Section 522.054, a renewal of a
 commercial driver's license with a hazardous materials endorsement
 that has been expired for less than one year expires five years
 after the expiration date shown on the commercial driver's license.
 (l)  Except as provided by Section 522.054, a renewal of a
 commercial driver's license with a hazardous materials endorsement
 that has been expired for at least one year but not more than two
 years expires five years after the applicant's last birthday.
 SECTION 10.  The changes in law made by this Act to Sections
 521.271, 521.421, 522.029, 522.051, and 522.052, Transportation
 Code, apply only to a driver's license or commercial driver's
 license issued or renewed on or after June 1, 2020. A driver's
 license or commercial driver's license issued or renewed before
 June 1, 2020, is governed by the law in effect immediately before
 the effective date of this Act, and the former law is continued in
 effect for that purpose.
 SECTION 11.  This Act takes effect September 1, 2019.