Texas 2023 - 88th Regular

Texas House Bill HB2413 Compare Versions

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1	1	By: Canales H.B. No. 2413
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the renewal, expiration, and suspension of driver's
7	7	licenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter M, Chapter 521, Transportation Code,
10	10	is amended by adding Section 521.2719 to read as follows:
11	11	Sec. 521.2719. EXPIRED LICENSES. (a) A person may renew an
12	12	expired driver's license if the person's license has not been
13	13	expired for more than 10 years.
14	14	(b) A person whose driver's license has been expired for
15	15	more than 10 years may obtain a new driver's license by complying
16	16	with the requirements and procedures for obtaining an original
17	17	driver's license.
18	18	SECTION 2. Chapter 706, Transportation Code, is amended by
19	19	adding Section 706.0045 to read as follows:
20	20	Sec. 706.0045. PERIOD OF DENIAL OF RENEWAL OF DRIVER'S
21	21	LICENSE. (a) Notwithstanding Section 706.004(a) or 706.006(c),
22	22	the department may deny renewal of a person's driver's license under
23	23	this chapter only until the earlier of:
24	24	(1) the date the department receives a clearance
25	25	notice under Section 706.005;
26	26	(2) the first anniversary of the date that both of the
27	27	following become true:
28	28	(i) the person's license has expired, and
29	29	(ii) the department or a vendor described by
30	30	Subsection (b) has received notice under this chapter that there
31	31	was cause to deny renewal of the person's driver's license; or
32	32	(3) The department has determined that the person is
33	33	indigent under section 706.0046 of this chapter; or
34	34	(4) A court having jurisdiction over the underlying
35	35	offense makes a determination that the person is indigent as
36	36	described by Section 706.006(d).
37	37	(b) This subsection applies only if the department
38	38	contracts with a vendor under Section 706.008 to implement this
39	39	chapter. Each month, the vendor shall:
40	40	(1) identify each person whose license may no longer
41	41	be denied renewal because of the expiration of the time period
42	42	described by Subsection (a)(2); and
43	43	(2) provide the name of each person identified under
44	44	Subdivision (1) to:
45	45	(A) the department; and
46	46	(B) the applicable court in which the person
47	47	failed to appear based on a complaint or citation or failed to pay
48	48	or satisfy a judgment ordering the payment of a fine and cost in the
49	49	manner ordered by the court in a matter involving an offense
50	50	described by Section 706.002(a).
51	51	SECTION 3. Section 706.005, Transportation Code, is amended
52	52	by amending Subsection (a) and adding Subsection (c) to read as
53	53	follows:
54	54	(a) A political subdivision shall immediately notify the
55	55	department that there is no cause to continue to deny renewal of a
56	56	person's driver's license based on the person's previous failure to
57	57	appear or failure to pay or satisfy a judgment ordering the payment
58	58	of a fine and cost in the manner ordered by the court in a matter
59	59	involving an offense described by Section 706.002(a), on payment of
60	60	a reimbursement fee, or on a finding by the court that the person is
61	61	indigent and not required to pay a reimbursement fee, as provided by
62	62	Section 706.006 and:
63	63	(1) the perfection of an appeal of the case for which
64	64	the warrant of arrest was issued or judgment arose;
65	65	(2) the dismissal of the charge for which the warrant
66	66	of arrest was issued or judgment arose, other than a dismissal with
67	67	prejudice by motion of the appropriate prosecuting attorney for
68	68	lack of evidence;
69	69	(3) the posting of bond or the giving of other security
70	70	to reinstate the charge for which the warrant was issued;
71	71	(4) the payment or discharge of the fine and cost owed
72	72	on an outstanding judgment of the court; [or]
73	73	(5) if the person's license is denied renewal solely
74	74	because of the person's previous failure to appear, the person's
75	75	appearance in court in any manner authorized by law for the
76	76	underlying offense for which the person previously failed to
77	77	appear; or
78	78	(6) any other [suitable] arrangement to satisfy [pay]
79	79	the fine and cost within the court's discretion, including any
80	80	instance in which the person enters into an arrangement with the
81	81	court to satisfy the fine and cost under a payment plan or by
82	82	performing community service.
83	83	(c) A political subdivision that notifies the department
84	84	that there is no cause to continue to deny renewal of a person's
85	85	driver's license under Subsection (a) may notify the department if
86	86	the court subsequently determines the person failed to complete an
87	87	arrangement to satisfy the fine and cost under Subsection (a)(6),
88	88	including failure to complete payment plan installments or failure
89	89	to complete community service. On receiving the necessary
90	90	information from the political subdivision under this subsection,
91	91	the department may deny renewal of the person's driver's license.
92	92	SECTION 4. Chapter 706, Transportation Code, is amended by
93	93	adding Section 706.0046 to read as follows:
94	94	706.0046. INDIGENCY PROGRAM. The department shall develop
95	95	and implement an indigency program, through which people who have
96	96	been denied renewal under this chapter may renew their licenses if
97	97	they provide proof to the department that they are indigent. A
98	98	person may prove that they are indigent under this section by
99	99	providing evidence to the department that their annual net income
100	100	is less than 125 percent of the federal poverty guidelines, as
101	101	defined annually by the United States Department of Health and
102	102	Human Services. A person who is found to be indigent under this
103	103	program may not be denied renewal under this Chapter.
104	104	SECTION 5. (a) Sections 521.2719 and 521.421(l),
105	105	Transportation Code, as added by this Act, apply only to an
106	106	application for a renewal driver's license that is submitted on or
107	107	after the effective date of this Act. An application that is
108	108	submitted before the effective date of this Act is governed by the
109	109	law in effect when the application was submitted, and the former law
110	110	is continued in effect for that purpose.
111	111	(b) Section 706.0045 and 706.0046, Transportation Code, as
112	112	added by this Act, applies to a determination to deny renewal of a
113	113	driver's license that is made by the Department of Public Safety of
114	114	the State of Texas before, on, or after the effective date of this
115	115	Act.
116	116	SECTION 6. This Act takes effect September 1, 2023.