Texas 2023 - 88th Regular

Texas House Bill HB1869 Compare Versions

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1	1	88R4710 AJZ-D
2	2	By: Romero, Jr. H.B. No. 1869
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) 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(a)(3); and
68	68	(4) regarding qualifications for the issuance of
69	69	provisional Texas conditional driver's permits and Texas
70	70	conditional learner permits.
71	71	Sec. 521.233. APPLICATION. (a) An application for a permit
72	72	under this subchapter must state the applicant's full name and
73	73	place and date of birth. This information must be verified by
74	74	presentation of one document establishing the applicant's identity
75	75	and age, including:
76	76	(1) a current passport or consular document issued to
77	77	the applicant by the country of which the applicant is a citizen;
78	78	(2) a current border crossing card;
79	79	(3) a current Mexican voter registration card
80	80	(Instituto Nacional Electoral credencial para votar);
81	81	(4) an individual taxpayer identification number
82	82	issued by the Internal Revenue Service; or
83	83	(5) another identification document the department
84	84	determines by rule is acceptable as proof of the information.
85	85	(b) The application must include:
86	86	(1) the applicant's thumbprints or, if thumbprints
87	87	cannot be taken, the index fingerprints of the applicant;
88	88	(2) a photograph of the applicant;
89	89	(3) the signature of the applicant;
90	90	(4) a brief description of the applicant;
91	91	(5) any information necessary to perform a criminal
92	92	history background check on the applicant; and
93	93	(6) evidence that the applicant has resided in this
94	94	state for at least one year.
95	95	(c) The application must state:
96	96	(1) the sex of the applicant;
97	97	(2) the residence address of the applicant;
98	98	(3) whether the applicant has been licensed to drive a
99	99	motor vehicle before;
100	100	(4) if previously licensed:
101	101	(A) when and by what state or country;
102	102	(B) whether that license has been suspended or
103	103	revoked or a license application denied; and
104	104	(C) if applicable, the date and reason for the
105	105	suspension, revocation, or denial; and
106	106	(5) the county of residence of the applicant.
107	107	(d) Regardless of the applicant's age, the application must
108	108	state whether the applicant has completed a driver education course
109	109	required by Section 521.1601 and each applicable examination
110	110	required by Section 521.161.
111	111	(e) The application must be accompanied by evidence of
112	112	financial responsibility that complies with the requirements of
113	113	Section 521.143.
114	114	(f) The application must include any other information the
115	115	department requires to determine the applicant's eligibility as
116	116	required by state law.
117	117	(g) Information collected by the department under this
118	118	section is confidential and not subject to disclosure under Chapter
119	119	552, Government Code.
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 fee for the issuance or renewal of
136	136	a Texas conditional driver's permit or the issuance of a
137	137	provisional Texas conditional driver's permit or a Texas
138	138	conditional learner permit is $100 or an amount set by the
139	139	department, not to exceed $100. The department may set the fee at
140	140	an amount that is less than $100 if:
141	141	(1) the amount is sufficient to cover the department's
142	142	costs of administering this subchapter based on the department's
143	143	costs of administering this subchapter during the previous fiscal
144	144	year; and
145	145	(2) the department has fully recouped the cost of
146	146	initially implementing this subchapter from the total amount of
147	147	fees collected under this subchapter.
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, 2024, 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. This Act takes effect September 1, 2023.