86R1106 AJZ-D
By: Romero, Jr. H.B. No. 35
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a Texas conditional driver's permit,
provisional Texas conditional driver's permit, and Texas
conditional instruction permit; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 521, Transportation Code, is amended by
adding Subchapter K-1 to read as follows:
SUBCHAPTER K-1. TEXAS CONDITIONAL DRIVER'S PERMIT
Sec. 521.231. ELIGIBILITY. The department may issue a
Texas conditional driver's permit to a person who:
(1) as of the date the permit is issued, has resided in
this state for at least one year;
(2) is ineligible to obtain a social security number;
(3) has an individual taxpayer identification number
issued by the Internal Revenue Service;
(4) is unable to present to the department
documentation issued by the United States agency responsible for
citizenship and immigration authorizing the person to be in the
United States;
(5) has not been finally convicted of a felony
offense; and
(6) regardless of the person's age, has completed a
driver education course required by Section 521.1601 and an
examination required by Section 521.161.
Sec. 521.232. TEXAS CONDITIONAL DRIVER'S PERMIT
REQUIREMENTS. (a) A Texas conditional driver's permit issued
under this subchapter is valid as proof of the permit holder's
identity for driving purposes only. The permit is not valid as
proof of the permit holder's identity for any other state purpose or
for any federal purpose.
(b) The department shall:
(1) designate and clearly mark as a Texas conditional
driver's permit each permit issued under this subchapter;
(2) designate and clearly mark as a provisional Texas
conditional driver's permit each permit issued under this
subchapter to a person who is at least 16 years of age but younger
than 18 years of age;
(3) include on a permit issued under this subchapter
an indication that the permit is valid proof of identity for driving
purposes only, and is not valid as proof of identity for any other
state purpose or for any federal purpose; and
(4) design the Texas conditional driver's permit to
appear substantially different from the design of a driver's
license.
(c) Except as otherwise provided by this chapter, a person
who holds a Texas conditional driver's permit is subject to the laws
of this state applicable to the holder of an original or duplicate
driver's license.
(d) Except as otherwise provided by this chapter, an
applicant for a Texas conditional driver's permit who is at least 16
years of age but younger than 18 years of age is subject to the laws
of this state applicable to a holder of a provisional license.
(e) The department shall adopt rules:
(1) regarding the design and content of the Texas
conditional driver's permit;
(2) establishing criteria for proof of identification
and residency of an applicant;
(3) designating acceptable evidence that an applicant
is not eligible for a social security number;
(4) requiring a check of state and national criminal
history record information to determine whether an applicant is
eligible for a permit under Section 521.231(5); and
(5) regarding the issuance of Texas conditional
instruction permits.
Sec. 521.233. APPLICATION. (a) An application for a Texas
conditional driver's permit must state the applicant's full name
and place and date of birth. This information must be verified by
presentation of:
(1) a current passport or consular document issued to
the applicant by the country of which the applicant is a citizen; or
(2) another identification document the department
determines by rule is acceptable as proof of the information.
(b) The application must include:
(1) a complete electronic set of the applicant's
fingerprints;
(2) a photograph of the applicant;
(3) the signature of the applicant;
(4) a brief description of the applicant;
(5) any information necessary to perform a criminal
history background check on the applicant; and
(6) evidence that the applicant has resided in this
state for at least one year.
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed:
(A) when and by what state or country;
(B) whether that license has been suspended or
revoked or a license application denied; and
(C) the date and reason for the suspension,
revocation, or denial; and
(5) the county of residence of the applicant.
(d) Regardless of the applicant's age, the application must
state whether the applicant has completed a driver education course
required by Section 521.1601 and an examination required by Section
521.161.
(e) The application must be accompanied by evidence of
financial responsibility that complies with Subchapter D, Chapter
601, and is prepaid and valid for at least a six-month period, or by
a statement that the applicant does not own a motor vehicle for
which evidence of financial responsibility is required under
Chapter 601. The department may require an application for a
renewal of a conditional driver's permit to be accompanied by
evidence of financial responsibility or a statement that the
applicant does not own a motor vehicle for which evidence of
financial responsibility is required under Chapter 601.
(f) Evidence of financial responsibility presented under
this section must comply with the requirements of Section 521.143.
(g) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility as required by the
department or state law.
(h) Information supplied to the department relating to an
applicant's medical history is for the confidential use of the
department and may not be disclosed to any person or used as
evidence in a legal proceeding other than a proceeding under
Subchapter N. This subsection does not apply to information
provided by an applicant under Subsection (i).
(i) The application must provide space for the applicant to
voluntarily list any health condition that may impede communication
with a peace officer as evidenced by a written statement from a
licensed physician.
(j) Information supplied to the department relating to the
applicant's criminal history is for the confidential use of the
department and may not be disclosed to any person or used as
evidence in a legal proceeding, including an immigration
proceeding.
Sec. 521.234. FEES. The department shall set the amount of
the fee for:
(1) issuance or renewal of a Texas conditional
driver's permit; and
(2) issuance of a provisional Texas conditional
driver's permit and Texas conditional instruction permit.
Sec. 521.235. EXPIRATION. (a) Each Texas conditional
driver's permit issued under this subchapter expires one year after
the date of issuance.
(b) Each provisional Texas conditional driver's permit and
Texas conditional instruction permit issued under this subchapter
expires on the 18th birthday of the permit holder.
SECTION 2. Not later than January 1, 2020, the Department of
Public Safety of the State of Texas shall:
(1) adopt the rules necessary to implement Subchapter
K-1, Chapter 521, Transportation Code, as added by this Act; and
(2) create the application form required by Section
521.233, Transportation Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.