By: Guillen (Senate Sponsor - West) H.B. No. 3641
(In the Senate - Received from the House April 24, 2023;
April 25, 2023, read first time and referred to Committee on
Transportation; May 19, 2023, reported favorably by the following
vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to residency requirements for driver's licenses and
personal identification certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.101, Transportation Code, is amended
by amending Subsections (f-1) and (j) to read as follows:
(f-1) A personal identification certificate issued to a
person whose address of principal residence [or domicile] is a
correctional facility or a parole facility expires on the first
birthday of the license holder occurring after the first
anniversary of the date of issuance.
(j) The department may not issue a personal identification
certificate to a person who has not established an address of
principal residence [a domicile] in this state.
SECTION 2. Section 521.1015(c), Transportation Code, is
amended to read as follows:
(c) Notwithstanding Section 521.101, Section 521.1426, or
any other provision of this chapter, a child or youth described by
Subsection (b) may, in applying for a personal identification
certificate:
(1) provide a copy of the child's or youth's birth
certificate as proof of the child's or youth's identity and United
States citizenship, as applicable; and
(2) if the child or youth does not have an address of
principal [a] residence [or domicile]:
(A) provide a letter certifying the child or
youth is a homeless child or youth issued by:
(i) the school district in which the child
or youth is enrolled;
(ii) the director of an emergency shelter
or transitional housing program funded by the United States
Department of Housing and Urban Development; or
(iii) the director of:
(a) a basic center for runaway and
homeless youth; or
(b) a transitional living program; or
(B) use the address of the regional office where
the Department of Family and Protective Services caseworker for the
child or youth is based.
SECTION 3. Section 521.1016(c), Transportation Code, is
amended to read as follows:
(c) Notwithstanding Section 521.101, Section 521.1426, or
any other provision of this chapter, an individual described by
Subsection (b) may, in applying for a personal identification
certificate:
(1) provide a copy of the individual's birth
certificate as proof of the individual's identity and United States
citizenship, as applicable; and
(2) if the individual does not have an address of
principal [a] residence [or domicile], provide a letter certifying
the individual is homeless issued by:
(A) an advocate;
(B) a licensed mental health services provider
who examined and evaluated the individual; or
(C) the director of an emergency shelter or
transitional housing program funded by the United States Department
of Housing and Urban Development or through the Victims of Crime Act
of 1984 (Title II, Pub. L. No. 98-473).
SECTION 4. Section 521.1426, Transportation Code, is
amended to read as follows:
Sec. 521.1426. ADDRESS OF PRINCIPAL RESIDENCE [DOMICILE]
REQUIREMENT; VERIFICATION. (a) The department may not issue a
driver's license or a personal identification certificate to a
person who has not established an address of principal residence [a
domicile] in this state.
(b) The department shall adopt rules for determining
whether an address of principal residence [a domicile] has been
established, including rules prescribing the types of
documentation the department may require from the applicant to
verify the validity of the claimed principal residence [domicile].
(c) The department may contract with a third-party personal
data verification service to assist the department in verifying a
claim of an address of principal residence [domicile], including
whether the physical address provided by the applicant is the
applicant's actual principal residence.
SECTION 5. Sections 521.271(a) and (b), Transportation
Code, are amended to read as follows:
(a) Each original driver's license, provisional license,
learner license, or occupational driver's license issued to an
applicant who is a citizen, national, or legal permanent resident
of the United States or a refugee or asylee lawfully admitted into
the United States expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the eighth anniversary of the date of the
application;
(2) a provisional license expires on the 18th birthday
of the license holder;
(3) a learner license expires on the 18th birthday of
the license holder;
(4) an occupational driver's license expires on the
first anniversary of the court order granting the license; and
(5) unless an earlier date is otherwise provided, a
driver's license issued to a person whose address of principal
residence [or domicile] is a correctional facility or a parole
facility expires on the first birthday of the license holder
occurring after the first anniversary of the date of issuance.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the eighth anniversary of the expiration date
before renewal if the applicant is a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States;
(1-a) for an applicant not described by Subdivision
(1):
(A) the earlier of:
(i) the eighth anniversary of the
expiration date before renewal; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States; or
(2) for a renewal driver's license issued to a person
whose address of principal residence [or domicile] is a
correctional facility or a parole facility, the first birthday of
the license holder occurring after the first anniversary of the
date of issuance unless an earlier date is otherwise provided.
SECTION 6. Section 521.421(a-2), Transportation Code, is
amended to read as follows:
(a-2) Except as provided by Subsection (a-1), the
department by rule shall establish the fee for a personal
identification certificate or driver's license issued to a person
whose address of principal residence [or domicile] is a
correctional facility or a parole facility.
SECTION 7. The changes in law made by this Act apply to an
application for a driver's license or personal identification
certificate submitted on or after the effective date of this Act.
An application for a driver's license or personal identification
certificate submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2023.
* * * * *