88R4710 AJZ-D
By: Romero, Jr. H.B. No. 1869
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 learner 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. (a) The department may issue a
Texas conditional driver's permit, a provisional Texas conditional
driver's permit, or a Texas conditional learner 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 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;
(3) is not ineligible for a driver's license under
Section 521.202; and
(4) 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, except as provided by
Subsection (b).
(b) A person may be issued a Texas conditional learner
permit without having passed the driving test under Section
521.161.
Sec. 521.232. PERMIT REQUIREMENTS. (a) A 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 federal purpose,
including voting.
(b) The department shall:
(1) designate and clearly mark each permit issued
under this subchapter;
(2) designate and clearly mark each provisional Texas
conditional driver's permit or Texas conditional learner permit, as
applicable, issued to a person who is 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 federal
purpose, including voting; and
(4) design the permit to appear substantially similar
to the design of a driver's license.
(c) Except as otherwise provided by this chapter:
(1) a holder of 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;
(2) a holder of a provisional Texas conditional
driver's permit is subject to the laws of this state applicable to
the holder of a provisional driver's license; and
(3) a holder of a Texas conditional learner permit is
subject to the laws of this state applicable to the holder of a
learner license.
(d) The department shall adopt rules:
(1) regarding the design and content of permits issued
under this subchapter;
(2) establishing criteria for proof of identification
and residency of an applicant;
(3) 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(a)(3); and
(4) regarding qualifications for the issuance of
provisional Texas conditional driver's permits and Texas
conditional learner permits.
Sec. 521.233. APPLICATION. (a) An application for a permit
under this subchapter must state the applicant's full name and
place and date of birth. This information must be verified by
presentation of one document establishing the applicant's identity
and age, including:
(1) a current passport or consular document issued to
the applicant by the country of which the applicant is a citizen;
(2) a current border crossing card;
(3) a current Mexican voter registration card
(Instituto Nacional Electoral credencial para votar);
(4) an individual taxpayer identification number
issued by the Internal Revenue Service; or
(5) another identification document the department
determines by rule is acceptable as proof of the information.
(b) The application must include:
(1) the applicant's thumbprints or, if thumbprints
cannot be taken, the index fingerprints of the applicant;
(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) if applicable, 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 each applicable examination
required by Section 521.161.
(e) The application must be accompanied by evidence of
financial responsibility that complies with the requirements of
Section 521.143.
(f) The application must include any other information the
department requires to determine the applicant's eligibility as
required by state law.
(g) Information collected by the department under this
section is confidential and not subject to disclosure under Chapter
552, Government Code.
(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 fee for the issuance or renewal of
a Texas conditional driver's permit or the issuance of a
provisional Texas conditional driver's permit or a Texas
conditional learner permit is $100 or an amount set by the
department, not to exceed $100. The department may set the fee at
an amount that is less than $100 if:
(1) the amount is sufficient to cover the department's
costs of administering this subchapter based on the department's
costs of administering this subchapter during the previous fiscal
year; and
(2) the department has fully recouped the cost of
initially implementing this subchapter from the total amount of
fees collected under this subchapter.
Sec. 521.235. EXPIRATION. (a) Each Texas conditional
driver's permit issued or renewed under this subchapter expires two
years after the date of issuance.
(b) Each provisional Texas conditional driver's permit and
Texas conditional learner permit issued under this subchapter
expires on the 18th birthday of the permit holder.
Sec. 521.236. RENEWAL. The department shall allow an
eligible applicant to renew a Texas conditional driver's permit in
the same manner and locations as an applicant for the renewal of a
driver's license under Subchapter M.
SECTION 2. Not later than January 1, 2024, 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, 2023.