Texas 2019 - 86th Regular

Texas House Bill HB35 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1106 AJZ-D
2	2	By: Romero, Jr. H.B. No. 35
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a Texas conditional driver's permit,
8	8	provisional Texas conditional driver's permit, and Texas
9	9	conditional instruction permit; authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 521, Transportation Code, is amended by
12	12	adding Subchapter K-1 to read as follows:
13	13	SUBCHAPTER K-1. TEXAS CONDITIONAL DRIVER'S PERMIT
14	14	Sec. 521.231. ELIGIBILITY. The department may issue a
15	15	Texas conditional driver's permit to a person who:
16	16	(1) as of the date the permit is issued, has resided in
17	17	this state for at least one year;
18	18	(2) is ineligible to obtain a social security number;
19	19	(3) has an individual taxpayer identification number
20	20	issued by the Internal Revenue Service;
21	21	(4) is unable to present to the department
22	22	documentation issued by the United States agency responsible for
23	23	citizenship and immigration authorizing the person to be in the
24	24	United States;
25	25	(5) has not been finally convicted of a felony
26	26	offense; and
27	27	(6) regardless of the person's age, has completed a
28	28	driver education course required by Section 521.1601 and an
29	29	examination required by Section 521.161.
30	30	Sec. 521.232. TEXAS CONDITIONAL DRIVER'S PERMIT
31	31	REQUIREMENTS. (a) A Texas conditional driver's permit issued
32	32	under this subchapter is valid as proof of the permit holder's
33	33	identity for driving purposes only. The permit is not valid as
34	34	proof of the permit holder's identity for any other state purpose or
35	35	for any federal purpose.
36	36	(b) The department shall:
37	37	(1) designate and clearly mark as a Texas conditional
38	38	driver's permit each permit issued under this subchapter;
39	39	(2) designate and clearly mark as a provisional Texas
40	40	conditional driver's permit each permit issued under this
41	41	subchapter to a person who is at least 16 years of age but younger
42	42	than 18 years of age;
43	43	(3) include on a permit issued under this subchapter
44	44	an indication that the permit is valid proof of identity for driving
45	45	purposes only, and is not valid as proof of identity for any other
46	46	state purpose or for any federal purpose; and
47	47	(4) design the Texas conditional driver's permit to
48	48	appear substantially different from the design of a driver's
49	49	license.
50	50	(c) Except as otherwise provided by this chapter, a person
51	51	who holds a Texas conditional driver's permit is subject to the laws
52	52	of this state applicable to the holder of an original or duplicate
53	53	driver's license.
54	54	(d) Except as otherwise provided by this chapter, an
55	55	applicant for a Texas conditional driver's permit who is at least 16
56	56	years of age but younger than 18 years of age is subject to the laws
57	57	of this state applicable to a holder of a provisional license.
58	58	(e) The department shall adopt rules:
59	59	(1) regarding the design and content of the Texas
60	60	conditional driver's permit;
61	61	(2) establishing criteria for proof of identification
62	62	and residency of an applicant;
63	63	(3) designating acceptable evidence that an applicant
64	64	is not eligible for a social security number;
65	65	(4) requiring a check of state and national criminal
66	66	history record information to determine whether an applicant is
67	67	eligible for a permit under Section 521.231(5); and
68	68	(5) regarding the issuance of Texas conditional
69	69	instruction permits.
70	70	Sec. 521.233. APPLICATION. (a) An application for a Texas
71	71	conditional driver's permit must state the applicant's full name
72	72	and place and date of birth. This information must be verified by
73	73	presentation of:
74	74	(1) a current passport or consular document issued to
75	75	the applicant by the country of which the applicant is a citizen; or
76	76	(2) another identification document the department
77	77	determines by rule is acceptable as proof of the information.
78	78	(b) The application must include:
79	79	(1) a complete electronic set of the applicant's
80	80	fingerprints;
81	81	(2) a photograph of the applicant;
82	82	(3) the signature of the applicant;
83	83	(4) a brief description of the applicant;
84	84	(5) any information necessary to perform a criminal
85	85	history background check on the applicant; and
86	86	(6) evidence that the applicant has resided in this
87	87	state for at least one year.
88	88	(c) The application must state:
89	89	(1) the sex of the applicant;
90	90	(2) the residence address of the applicant;
91	91	(3) whether the applicant has been licensed to drive a
92	92	motor vehicle before;
93	93	(4) if previously licensed:
94	94	(A) when and by what state or country;
95	95	(B) whether that license has been suspended or
96	96	revoked or a license application denied; and
97	97	(C) the date and reason for the suspension,
98	98	revocation, or denial; and
99	99	(5) the county of residence of the applicant.
100	100	(d) Regardless of the applicant's age, the application must
101	101	state whether the applicant has completed a driver education course
102	102	required by Section 521.1601 and an examination required by Section
103	103	521.161.
104	104	(e) The application must be accompanied by evidence of
105	105	financial responsibility that complies with Subchapter D, Chapter
106	106	601, and is prepaid and valid for at least a six-month period, or by
107	107	a statement that the applicant does not own a motor vehicle for
108	108	which evidence of financial responsibility is required under
109	109	Chapter 601. The department may require an application for a
110	110	renewal of a conditional driver's permit to be accompanied by
111	111	evidence of financial responsibility or a statement that the
112	112	applicant does not own a motor vehicle for which evidence of
113	113	financial responsibility is required under Chapter 601.
114	114	(f) Evidence of financial responsibility presented under
115	115	this section must comply with the requirements of Section 521.143.
116	116	(g) The application must include any other information the
117	117	department requires to determine the applicant's identity,
118	118	residency, competency, and eligibility as required by the
119	119	department or state law.
120	120	(h) Information supplied to the department relating to an
121	121	applicant's medical history is for the confidential use of the
122	122	department and may not be disclosed to any person or used as
123	123	evidence in a legal proceeding other than a proceeding under
124	124	Subchapter N. This subsection does not apply to information
125	125	provided by an applicant under Subsection (i).
126	126	(i) The application must provide space for the applicant to
127	127	voluntarily list any health condition that may impede communication
128	128	with a peace officer as evidenced by a written statement from a
129	129	licensed physician.
130	130	(j) Information supplied to the department relating to the
131	131	applicant's criminal history is for the confidential use of the
132	132	department and may not be disclosed to any person or used as
133	133	evidence in a legal proceeding, including an immigration
134	134	proceeding.
135	135	Sec. 521.234. FEES. The department shall set the amount of
136	136	the fee for:
137	137	(1) issuance or renewal of a Texas conditional
138	138	driver's permit; and
139	139	(2) issuance of a provisional Texas conditional
140	140	driver's permit and Texas conditional instruction permit.
141	141	Sec. 521.235. EXPIRATION. (a) Each Texas conditional
142	142	driver's permit issued under this subchapter expires one year after
143	143	the date of issuance.
144	144	(b) Each provisional Texas conditional driver's permit and
145	145	Texas conditional instruction permit issued under this subchapter
146	146	expires on the 18th birthday of the permit holder.
147	147	SECTION 2. Not later than January 1, 2020, the Department of
148	148	Public Safety of the State of Texas shall:
149	149	(1) adopt the rules necessary to implement Subchapter
150	150	K-1, Chapter 521, Transportation Code, as added by this Act; and
151	151	(2) create the application form required by Section
152	152	521.233, Transportation Code, as added by this Act.
153	153	SECTION 3. This Act takes effect September 1, 2019.