Texas 2019 - 86th Regular

Texas House Bill HB2478 Compare Versions

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1-By: Deshotel, Beckley, Raymond, Parker, H.B. No. 2478
2- Sanford
1+86R27822 MP-D
2+ By: Deshotel H.B. No. 2478
3+ Substitute the following for H.B. No. 2478:
4+ By: Burns C.S.H.B. No. 2478
35
46
57 A BILL TO BE ENTITLED
68 AN ACT
79 relating to driver's licenses, commercial driver's licenses, and
810 other identification certificates; authorizing and increasing
911 fees.
1012 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1113 SECTION 1. Sections 521.009(a), (a-1), and (c),
1214 Transportation Code, are amended to read as follows:
1315 (a) The department may establish a program for the provision
1416 of renewal and duplicate driver's license, election identification
1517 certificate, and personal identification certificate services by
1618 [in] counties, [and] municipalities, and private vendors that enter
1719 into an agreement with the department under Subsection (a-1).
1820 (a-1) Under the program, the department may enter into an
1921 agreement with the commissioners court of a county, [or] the
2022 governing body of a municipality, or a private vendor to permit
2123 county, [or] municipal, or vendor employees to provide services at
2224 a county or municipal office or at a location determined by the
2325 vendor relating to the issuance of renewal and duplicate driver's
2426 licenses, election identification certificates, and personal
2527 identification certificates, including:
2628 (1) taking photographs;
2729 (2) administering vision tests;
2830 (3) updating a driver's license, election
2931 identification certificate, or personal identification certificate
3032 to change a name, address, or photograph;
3133 (4) distributing and collecting information relating
3234 to donations under Section 521.401;
3335 (5) collecting fees; and
3436 (6) performing other basic ministerial functions and
3537 tasks necessary to issue renewal and duplicate driver's licenses,
3638 election identification certificates, and personal identification
3739 certificates.
3840 (c) A participating county, [or] municipality, or private
3941 vendor must remit to the department for deposit as required by this
4042 chapter fees collected for the issuance of a renewal or duplicate
4143 driver's license or personal identification certificate.
42- SECTION 2. Section 521.165, Transportation Code, is amended
43- by amending Subsection (e) and adding Subsection (f) to read as
44- follows:
45- (e) The department may authorize and set standards for an
46- entity described by Subsection (a), including a driver education
47- school described by Section 521.1655, to administer, and train and
48- certify examiners to administer, the examination required by
49- Section 521.161(b)(2).
50- (f) An entity described by Subsection (a) may not issue a
51- temporary receipt under Section 521.1812 to a person who has not
52- passed the testing conducted by the entity under this section.
53- SECTION 3. Subchapter I, Chapter 521, Transportation Code,
54- is amended by adding Section 521.1812 to read as follows:
55- Sec. 521.1812. ISSUANCE OF TEMPORARY RECEIPT BY THIRD
56- PARTY. (a) The department may authorize an entity described by
57- Section 521.165, including a driver education school described by
58- Section 521.1655, to issue a temporary receipt to a qualifying
59- applicant who has met all requirements for a driver's license if the
60- qualifying applicant holds a learner license issued by the
61- department under Section 521.222.
62- (b) A temporary receipt issued under Subsection (a) serves
63- as temporary permission to operate a vehicle until the department
64- provides a driver's license to the qualifying applicant.
65- (c) The department shall develop a process for an entity
66- under Subsection (a) to electronically transmit to the department
67- the documents and information required by the department for the
68- issuance of a driver's license to a qualifying applicant.
69- (d) The department shall adopt rules to implement this
70- section.
71- SECTION 4. Sections 521.271(a) and (b), Transportation
44+ SECTION 2. Sections 521.271(a) and (b), Transportation
7245 Code, are amended to read as follows:
7346 (a) Each original driver's license, provisional license,
7447 learner license, or occupational driver's license issued to an
7548 applicant who is a citizen, national, or legal permanent resident
7649 of the United States or a refugee or asylee lawfully admitted into
7750 the United States expires as follows:
7851 (1) except as provided by Section 521.2711, a driver's
7952 license expires on the first birthday of the license holder
8053 occurring after the eighth [sixth] anniversary of the date of the
8154 application;
8255 (2) a provisional license expires on the 18th
8356 birthday of the license holder;
8457 (3) a learner license expires on the 18th birthday of
8558 the license holder;
8659 (4) an occupational driver's license expires on the
8760 first anniversary of the court order granting the license; and
8861 (5) unless an earlier date is otherwise provided, a
8962 driver's license issued to a person whose residence or domicile is a
9063 correctional facility or a parole facility expires on the first
9164 birthday of the license holder occurring after the first
9265 anniversary of the date of issuance.
9366 (b) Except as provided by Section 521.2711, a driver's
9467 license that is renewed expires on the earlier of:
9568 (1) the eighth [sixth] anniversary of the expiration
9669 date before renewal if the applicant is a citizen, national, or
9770 legal permanent resident of the United States or a refugee or asylee
9871 lawfully admitted into the United States;
9972 (1-a) for an applicant not described by Subdivision
10073 (1):
10174 (A) the earlier of:
10275 (i) the eighth [sixth] anniversary of the
10376 expiration date before renewal; or
10477 (ii) the expiration date of the applicant's
10578 authorized stay in the United States; or
10679 (B) the first anniversary of the date of
10780 issuance, if there is no definite expiration date for the
10881 applicant's authorized stay in the United States; or
10982 (2) for a renewal driver's license issued to a person
11083 whose residence or domicile is a correctional facility or a parole
11184 facility, the first birthday of the license holder occurring after
11285 the first anniversary of the date of issuance unless an earlier date
11386 is otherwise provided.
114- SECTION 5. Section 521.421(a), Transportation Code, is
87+ SECTION 3. Section 521.421(a), Transportation Code, is
11588 amended to read as follows:
11689 (a) The fee for issuance or renewal of a license not
11790 otherwise provided for by this section is $32 [$24].
118- SECTION 6. Section 521.428, Transportation Code, is amended
91+ SECTION 4. Section 521.428, Transportation Code, is amended
11992 to read as follows:
12093 Sec. 521.428. COUNTY, [OR] MUNICIPAL, OR PRIVATE VENDOR
12194 FEE. A county, [or] municipality, or private vendor that provides
12295 services under an agreement described by Section 521.009 may
12396 collect an additional fee of up to $10 [$5] for each transaction
12497 provided that relates to driver's license and personal
12598 identification certificate services only.
126- SECTION 7. Section 522.029, Transportation Code, is amended
99+ SECTION 5. Section 522.029, Transportation Code, is amended
127100 by amending Subsection (a) and adding Subsection (m) to read as
128101 follows:
129102 (a) The fee for a commercial driver's license issued by the
130103 department is $96 [$60], except as provided by Subsections (f),
131104 (h), (j), [and] (k), and (m).
132105 (m) The fee for a commercial driver's license with a
133106 hazardous materials endorsement issued by the department is $60,
134107 except as provided by Subsections (h), (j), and (k).
135- SECTION 8. Section 522.051, Transportation Code, is amended
108+ SECTION 6. Section 522.051, Transportation Code, is amended
136109 by amending Subsections (a), (b), (c), (d), and (f) and adding
137110 Subsections (i), (j), (k), and (l) to read as follows:
138111 (a) Except as provided by Subsections [Subsection] (f) and
139112 (i) and Sections 522.013(e), 522.033, and 522.054, an original
140113 commercial driver's license expires eight [five] years after the
141114 applicant's next birthday.
142115 (b) Except as provided by Subsection (j) and Section
143116 522.054, a commercial driver's license issued to a person holding a
144117 Texas Class A, B, C, or M license that would expire one year or more
145118 after the date of issuance of the commercial driver's license
146119 expires eight [five] years after the applicant's next birthday.
147120 (c) Except as provided by Subsection (k) and Section
148121 522.054, a commercial driver's license issued to a person holding a
149122 Texas Class A, B, C, or M license that would expire less than one
150123 year after the date of issuance of the commercial driver's license
151124 or that has been expired for less than one year expires eight [five]
152125 years after the expiration date shown on the Class A, B, C, or M
153126 license.
154127 (d) Except as provided by Subsection (l) and Section
155128 522.054, a commercial driver's license issued to a person holding a
156129 Texas Class A, B, C, or M license that has been expired for at least
157130 one year but not more than two years expires eight [five] years
158131 after the applicant's last birthday.
159132 (f) Except as provided by Section 522.013, a non-domiciled
160133 commercial driver's license other than a temporary non-domiciled
161134 commercial driver's license under Section 522.013(e) expires on:
162135 (1) the earlier of:
163136 (A) the first birthday of the license holder
164137 occurring after the eighth [fifth] anniversary of the date of the
165138 application; or
166139 (B) the expiration date of the license holder's
167140 lawful presence in the United States as determined by the
168141 appropriate United States agency in compliance with federal law; or
169142 (2) the first anniversary of the date of issuance, if
170143 there is no definitive expiration date for the applicant's
171144 authorized stay in the United States.
172145 (i) Except as provided by Subsection (f) and Sections
173146 522.013(e), 522.033, and 522.054, an original commercial driver's
174147 license with a hazardous materials endorsement expires five years
175148 after the applicant's next birthday.
176149 (j) Except as provided by Section 522.054, a commercial
177150 driver's license with a hazardous materials endorsement issued to a
178151 person holding a Texas Class A, B, C, or M license that would expire
179152 one year or more after the date of issuance of the commercial
180153 driver's license expires five years after the applicant's next
181154 birthday.
182155 (k) Except as provided by Section 522.054, a commercial
183156 driver's license with a hazardous materials endorsement issued to a
184157 person holding a Texas Class A, B, C, or M license that would expire
185158 less than one year after the date of issuance of the commercial
186159 driver's license or that has been expired for less than one year
187160 expires five years after the expiration date shown on the Class A,
188161 B, C, or M license.
189162 (l) Except as provided by Section 522.054, a commercial
190163 driver's license with a hazardous materials endorsement issued to a
191164 person holding a Texas Class A, B, C, or M license that has been
192165 expired for at least one year but not more than two years expires
193166 five years after the applicant's last birthday.
194- SECTION 9. Section 522.052, Transportation Code, is amended
167+ SECTION 7. Section 522.052, Transportation Code, is amended
195168 by amending Subsections (b) and (c) and adding Subsections (k) and
196169 (l) to read as follows:
197170 (b) Except as provided by Section 522.054, a renewal of a
198171 commercial driver's license that has been expired for less than one
199172 year expires eight [five] years after the expiration date shown on
200173 the commercial driver's license.
201174 (c) Except as provided by Section 522.054, a renewal of a
202175 commercial driver's license that has been expired for at least one
203176 year but not more than two years expires seven [six] years after the
204177 applicant's last birthday.
205178 (k) Except as provided by Section 522.054, a renewal of a
206179 commercial driver's license with a hazardous materials endorsement
207180 that has been expired for less than one year expires five years
208181 after the expiration date shown on the commercial driver's license.
209182 (l) Except as provided by Section 522.054, a renewal of a
210183 commercial driver's license with a hazardous materials endorsement
211184 that has been expired for at least one year but not more than two
212185 years expires five years after the applicant's last birthday.
213- SECTION 10. The changes in law made by this Act to Sections
186+ SECTION 8. The changes in law made by this Act to Sections
214187 521.271, 521.421, 522.029, 522.051, and 522.052, Transportation
215188 Code, apply only to a driver's license or commercial driver's
216189 license issued or renewed on or after June 1, 2020. A driver's
217190 license or commercial driver's license issued or renewed before
218191 June 1, 2020, is governed by the law in effect immediately before
219192 the effective date of this Act, and the former law is continued in
220193 effect for that purpose.
221- SECTION 11. This Act takes effect September 1, 2019.
194+ SECTION 9. This Act takes effect September 1, 2019.