Texas 2023 88th Regular

Texas House Bill HB2413 Introduced / Bill

Filed 02/16/2023

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                    By: Canales H.B. No. 2413


 A BILL TO BE ENTITLED
 AN ACT
 relating to the renewal, expiration, and suspension of driver's
 licenses.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter M, Chapter 521, Transportation Code,
 is amended by adding Section 521.2719 to read as follows:
 Sec. 521.2719.  EXPIRED LICENSES. (a) A person may renew an
 expired driver's license if the person's license has not been
 expired for more than 10 years.
 (b)  A person whose driver's license has been expired for
 more than 10 years may obtain a new driver's license by complying
 with the requirements and procedures for obtaining an original
 driver's license.
 SECTION 2.  Chapter 706, Transportation Code, is amended by
 adding Section 706.0045 to read as follows:
 Sec. 706.0045.  PERIOD OF DENIAL OF RENEWAL OF DRIVER'S
 LICENSE. (a) Notwithstanding Section 706.004(a) or 706.006(c),
 the department may deny renewal of a person's driver's license under
 this chapter only until the earlier of:
 (1)  the date the department receives a clearance
 notice under Section 706.005;
 (2)  the first anniversary of the date that both of the
 following become true:
 (i)  the person's license has expired, and
 (ii)  the department or a vendor described by
 Subsection (b) has received notice under this chapter that there
 was cause to deny renewal of the person's driver's license; or
 (3)  The department has determined that the person is
 indigent under section 706.0046 of this chapter; or
 (4)  A court having jurisdiction over the underlying
 offense makes a determination that the person is indigent as
 described by Section 706.006(d).
 (b)  This subsection applies only if the department
 contracts with a vendor under Section 706.008 to implement this
 chapter. Each month, the vendor shall:
 (1)  identify each person whose license may no longer
 be denied renewal because of the expiration of the time period
 described by Subsection (a)(2); and
 (2)  provide the name of each person identified under
 Subdivision (1) to:
 (A)  the department; and
 (B)  the applicable court in which the person
 failed to appear based on a complaint or citation or failed to pay
 or satisfy a judgment ordering the payment of a fine and cost in the
 manner ordered by the court in a matter involving an offense
 described by Section 706.002(a).
 SECTION 3.  Section 706.005, Transportation Code, is amended
 by amending Subsection (a) and adding Subsection (c) to read as
 follows:
 (a)  A political subdivision shall immediately notify the
 department that there is no cause to continue to deny renewal of a
 person's driver's license based on the person's previous failure to
 appear or failure to pay or satisfy a judgment ordering the payment
 of a fine and cost in the manner ordered by the court in a matter
 involving an offense described by Section 706.002(a), on payment of
 a reimbursement fee, or on a finding by the court that the person is
 indigent and not required to pay a reimbursement fee, as provided by
 Section 706.006 and:
 (1)  the perfection of an appeal of the case for which
 the warrant of arrest was issued or judgment arose;
 (2)  the dismissal of the charge for which the warrant
 of arrest was issued or judgment arose, other than a dismissal with
 prejudice by motion of the appropriate prosecuting attorney for
 lack of evidence;
 (3)  the posting of bond or the giving of other security
 to reinstate the charge for which the warrant was issued;
 (4)  the payment or discharge of the fine and cost owed
 on an outstanding judgment of the court; [or]
 (5)  if the person's license is denied renewal solely
 because of the person's previous failure to appear, the person's
 appearance in court in any manner authorized by law for the
 underlying offense for which the person previously failed to
 appear; or
 (6)  any other [suitable] arrangement to satisfy [pay]
 the fine and cost within the court's discretion, including any
 instance in which the person enters into an arrangement with the
 court to satisfy the fine and cost under a payment plan or by
 performing community service.
 (c)  A political subdivision that notifies the department
 that there is no cause to continue to deny renewal of a person's
 driver's license under Subsection (a) may notify the department if
 the court subsequently determines the person failed to complete an
 arrangement to satisfy the fine and cost under Subsection (a)(6),
 including failure to complete payment plan installments or failure
 to complete community service. On receiving the necessary
 information from the political subdivision under this subsection,
 the department may deny renewal of the person's driver's license.
 SECTION 4.  Chapter 706, Transportation Code, is amended by
 adding Section 706.0046 to read as follows:
 706.0046. INDIGENCY PROGRAM. The department shall develop
 and implement an indigency program, through which people who have
 been denied renewal under this chapter may renew their licenses if
 they provide proof to the department that they are indigent. A
 person may prove that they are indigent under this section by
 providing evidence to the department that their annual net income
 is less than 125 percent of the federal poverty guidelines, as
 defined annually by the United States Department of Health and
 Human Services. A person who is found to be indigent under this
 program may not be denied renewal under this Chapter.
 SECTION 5.  (a) Sections 521.2719 and 521.421(l),
 Transportation Code, as added by this Act, apply only to an
 application for a renewal driver's license that is submitted on or
 after the effective date of this Act. An application that is
 submitted before the effective date of this Act is governed by the
 law in effect when the application was submitted, and the former law
 is continued in effect for that purpose.
 (b)  Section 706.0045 and 706.0046, Transportation Code, as
 added by this Act, applies to a determination to deny renewal of a
 driver's license that is made by the Department of Public Safety of
 the State of Texas before, on, or after the effective date of this
 Act.
 SECTION 6.  This Act takes effect September 1, 2023.