Texas 2021 - 87th Regular

Texas Senate Bill SB607 Compare Versions

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

Old	New	Differences
1	1	87R5238 AJZ-D
2	2	By: Alvarado S.B. No. 607
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 learner 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. (a) The department may issue a
15	15	Texas conditional driver's permit, a provisional Texas conditional
16	16	driver's permit, or a Texas conditional learner permit to a person
17	17	who:
18	18	(1) as of the date the permit is issued, has resided in
19	19	this state for at least one year;
20	20	(2) is unable to present to the department
21	21	documentation issued by the United States agency responsible for
22	22	citizenship and immigration authorizing the person to be in the
23	23	United States;
24	24	(3) is not ineligible for a driver's license under
25	25	Section 521.202; and
26	26	(4) regardless of the person's age, has completed a
27	27	driver education course required by Section 521.1601 and an
28	28	examination required by Section 521.161, except as provided by
29	29	Subsection (b).
30	30	(b) A person may be issued a Texas conditional learner
31	31	permit without having passed the driving test under Section
32	32	521.161.
33	33	Sec. 521.232. PERMIT REQUIREMENTS. (a) A permit issued
34	34	under this subchapter is valid as proof of the permit holder's
35	35	identity for driving purposes only. The permit is not valid as
36	36	proof of the permit holder's identity for any federal purpose,
37	37	including voting.
38	38	(b) The department shall:
39	39	(1) designate and clearly mark each permit issued
40	40	under this subchapter;
41	41	(2) designate and clearly mark each provisional Texas
42	42	conditional driver's permit or Texas conditional learner permit, as
43	43	applicable, issued to a person who is younger than 18 years of age;
44	44	(3) include on a permit issued under this subchapter
45	45	an indication that the permit is valid proof of identity for driving
46	46	purposes only and is not valid as proof of identity for any federal
47	47	purpose, including voting; and
48	48	(4) design the permit to appear substantially similar
49	49	to the design of a driver's license.
50	50	(c) Except as otherwise provided by this chapter:
51	51	(1) a holder of a Texas conditional driver's permit is
52	52	subject to the laws of this state applicable to the holder of an
53	53	original or duplicate driver's license;
54	54	(2) a holder of a provisional Texas conditional
55	55	driver's permit is subject to the laws of this state applicable to
56	56	the holder of a provisional driver's license; and
57	57	(3) a holder of a Texas conditional learner permit is
58	58	subject to the laws of this state applicable to the holder of a
59	59	learner license.
60	60	(d) The department shall adopt rules:
61	61	(1) regarding the design and content of permits issued
62	62	under this subchapter;
63	63	(2) establishing criteria for proof of identification
64	64	and residency of an applicant;
65	65	(3) designating acceptable evidence that an applicant
66	66	is not eligible for a social security number;
67	67	(4) requiring a check of state and national criminal
68	68	history record information to determine whether an applicant is
69	69	eligible for a permit under Section 521.231(a)(3); and
70	70	(5) regarding qualifications for the issuance of
71	71	provisional Texas conditional driver's permits and Texas
72	72	conditional learner permits.
73	73	Sec. 521.233. APPLICATION. (a) An application for a permit
74	74	under this subchapter must state the applicant's full name and
75	75	place and date of birth. This information must be verified by
76	76	presentation of one document establishing the applicant's identity
77	77	and age, including:
78	78	(1) a current passport or consular document issued to
79	79	the applicant by the country of which the applicant is a citizen;
80	80	(2) a current border crossing card;
81	81	(3) a current Mexican voter registration card
82	82	(Instituto Nacional Electoral credencial para votar);
83	83	(4) an individual taxpayer identification number
84	84	issued by the Internal Revenue Service; or
85	85	(5) another identification document the department
86	86	determines by rule is acceptable as proof of the information.
87	87	(b) The application must include:
88	88	(1) the applicant's thumbprints or, if thumbprints
89	89	cannot be taken, the index fingerprints of the applicant;
90	90	(2) a photograph of the applicant;
91	91	(3) the signature of the applicant;
92	92	(4) a brief description of the applicant;
93	93	(5) any information necessary to perform a criminal
94	94	history background check on the applicant; and
95	95	(6) evidence that the applicant has resided in this
96	96	state for at least one year.
97	97	(c) The application must state:
98	98	(1) the sex of the applicant;
99	99	(2) the residence address of the applicant;
100	100	(3) whether the applicant has been licensed to drive a
101	101	motor vehicle before;
102	102	(4) if previously licensed:
103	103	(A) when and by what state or country;
104	104	(B) whether that license has been suspended or
105	105	revoked or a license application denied; and
106	106	(C) if applicable, the date and reason for the
107	107	suspension, revocation, or denial; and
108	108	(5) the county of residence of the applicant.
109	109	(d) Regardless of the applicant's age, the application must
110	110	state whether the applicant has completed a driver education course
111	111	required by Section 521.1601 and each applicable examination
112	112	required by Section 521.161.
113	113	(e) The application must be accompanied by evidence of
114	114	financial responsibility that complies with the requirements of
115	115	Section 521.143.
116	116	(f) The application must include any other information the
117	117	department requires to determine the applicant's eligibility as
118	118	required by state law.
119	119	(g) Information supplied to the department relating to an
120	120	applicant's medical history is for the confidential use of the
121	121	department and may not be disclosed to any person or used as
122	122	evidence in a legal proceeding other than a proceeding under
123	123	Subchapter N. This subsection does not apply to information
124	124	provided by an applicant under Subsection (h).
125	125	(h) The application must provide space for the applicant to
126	126	voluntarily list any health condition that may impede communication
127	127	with a peace officer as evidenced by a written statement from a
128	128	licensed physician.
129	129	(i) Information supplied to the department relating to the
130	130	applicant's criminal history is for the confidential use of the
131	131	department and may not be disclosed to any person or used as
132	132	evidence in a legal proceeding, including an immigration
133	133	proceeding.
134	134	Sec. 521.234. FEES. (a) In this section, "consumer price
135	135	index" means the Consumer Price Index for All Urban Consumers
136	136	(CPI-U), as published by the United States Bureau of Labor
137	137	Statistics or its successor in function.
138	138	(b) The initial fee for the issuance or renewal of a Texas
139	139	conditional driver's permit or the issuance of a provisional Texas
140	140	conditional driver's permit or a Texas conditional learner permit
141	141	is $50. The department may, on January 1 of each year, increase the
142	142	fee established under this subsection as necessary to adjust for
143	143	inflation as determined by the consumer price index if the
144	144	department posts the planned fee increase on the department's
145	145	Internet website not later than November 1 of the previous year.
146	146	(c) Each fee collected under this subchapter shall be
147	147	deposited to the credit of the Texas mobility fund.
148	148	Sec. 521.235. EXPIRATION. (a) Each Texas conditional
149	149	driver's permit issued or renewed under this subchapter expires two
150	150	years after the date of issuance.
151	151	(b) Each provisional Texas conditional driver's permit and
152	152	Texas conditional learner permit issued under this subchapter
153	153	expires on the 18th birthday of the permit holder.
154	154	Sec. 521.236. RENEWAL. The department shall allow an
155	155	eligible applicant to renew a Texas conditional driver's permit in
156	156	the same manner and locations as an applicant for the renewal of a
157	157	driver's license under Subchapter M.
158	158	SECTION 2. Not later than January 1, 2022, the Department of
159	159	Public Safety of the State of Texas shall:
160	160	(1) adopt the rules necessary to implement Subchapter
161	161	K-1, Chapter 521, Transportation Code, as added by this Act; and
162	162	(2) create the application form required by Section
163	163	521.233, Transportation Code, as added by this Act.
164	164	SECTION 3. The Department of Public Safety of the State of
165	165	Texas may not increase a fee as authorized by Section 521.234,
166	166	Transportation Code, as added by this Act, before January 1, 2023.
167	167	SECTION 4. This Act takes effect September 1, 2021.