Texas 2023 - 88th Regular

Texas House Bill HB3641 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Guillen (Senate Sponsor - West) H.B. No. 3641
2	2	(In the Senate - Received from the House April 24, 2023;
3	3	April 25, 2023, read first time and referred to Committee on
4	4	Transportation; May 19, 2023, reported favorably by the following
5	5	vote: Yeas 8, Nays 0; May 19, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to residency requirements for driver's licenses and
12	12	personal identification certificates.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 521.101, Transportation Code, is amended
15	15	by amending Subsections (f-1) and (j) to read as follows:
16	16	(f-1) A personal identification certificate issued to a
17	17	person whose address of principal residence [or domicile] is a
18	18	correctional facility or a parole facility expires on the first
19	19	birthday of the license holder occurring after the first
20	20	anniversary of the date of issuance.
21	21	(j) The department may not issue a personal identification
22	22	certificate to a person who has not established an address of
23	23	principal residence [a domicile] in this state.
24	24	SECTION 2. Section 521.1015(c), Transportation Code, is
25	25	amended to read as follows:
26	26	(c) Notwithstanding Section 521.101, Section 521.1426, or
27	27	any other provision of this chapter, a child or youth described by
28	28	Subsection (b) may, in applying for a personal identification
29	29	certificate:
30	30	(1) provide a copy of the child's or youth's birth
31	31	certificate as proof of the child's or youth's identity and United
32	32	States citizenship, as applicable; and
33	33	(2) if the child or youth does not have an address of
34	34	principal [a] residence [or domicile]:
35	35	(A) provide a letter certifying the child or
36	36	youth is a homeless child or youth issued by:
37	37	(i) the school district in which the child
38	38	or youth is enrolled;
39	39	(ii) the director of an emergency shelter
40	40	or transitional housing program funded by the United States
41	41	Department of Housing and Urban Development; or
42	42	(iii) the director of:
43	43	(a) a basic center for runaway and
44	44	homeless youth; or
45	45	(b) a transitional living program; or
46	46	(B) use the address of the regional office where
47	47	the Department of Family and Protective Services caseworker for the
48	48	child or youth is based.
49	49	SECTION 3. Section 521.1016(c), Transportation Code, is
50	50	amended to read as follows:
51	51	(c) Notwithstanding Section 521.101, Section 521.1426, or
52	52	any other provision of this chapter, an individual described by
53	53	Subsection (b) may, in applying for a personal identification
54	54	certificate:
55	55	(1) provide a copy of the individual's birth
56	56	certificate as proof of the individual's identity and United States
57	57	citizenship, as applicable; and
58	58	(2) if the individual does not have an address of
59	59	principal [a] residence [or domicile], provide a letter certifying
60	60	the individual is homeless issued by:
61	61	(A) an advocate;
62	62	(B) a licensed mental health services provider
63	63	who examined and evaluated the individual; or
64	64	(C) the director of an emergency shelter or
65	65	transitional housing program funded by the United States Department
66	66	of Housing and Urban Development or through the Victims of Crime Act
67	67	of 1984 (Title II, Pub. L. No. 98-473).
68	68	SECTION 4. Section 521.1426, Transportation Code, is
69	69	amended to read as follows:
70	70	Sec. 521.1426. ADDRESS OF PRINCIPAL RESIDENCE [DOMICILE]
71	71	REQUIREMENT; VERIFICATION. (a) The department may not issue a
72	72	driver's license or a personal identification certificate to a
73	73	person who has not established an address of principal residence [a
74	74	domicile] in this state.
75	75	(b) The department shall adopt rules for determining
76	76	whether an address of principal residence [a domicile] has been
77	77	established, including rules prescribing the types of
78	78	documentation the department may require from the applicant to
79	79	verify the validity of the claimed principal residence [domicile].
80	80	(c) The department may contract with a third-party personal
81	81	data verification service to assist the department in verifying a
82	82	claim of an address of principal residence [domicile], including
83	83	whether the physical address provided by the applicant is the
84	84	applicant's actual principal residence.
85	85	SECTION 5. Sections 521.271(a) and (b), Transportation
86	86	Code, are amended to read as follows:
87	87	(a) Each original driver's license, provisional license,
88	88	learner license, or occupational driver's license issued to an
89	89	applicant who is a citizen, national, or legal permanent resident
90	90	of the United States or a refugee or asylee lawfully admitted into
91	91	the United States expires as follows:
92	92	(1) except as provided by Section 521.2711, a driver's
93	93	license expires on the first birthday of the license holder
94	94	occurring after the eighth anniversary of the date of the
95	95	application;
96	96	(2) a provisional license expires on the 18th birthday
97	97	of the license holder;
98	98	(3) a learner license expires on the 18th birthday of
99	99	the license holder;
100	100	(4) an occupational driver's license expires on the
101	101	first anniversary of the court order granting the license; and
102	102	(5) unless an earlier date is otherwise provided, a
103	103	driver's license issued to a person whose address of principal
104	104	residence [or domicile] is a correctional facility or a parole
105	105	facility expires on the first birthday of the license holder
106	106	occurring after the first anniversary of the date of issuance.
107	107	(b) Except as provided by Section 521.2711, a driver's
108	108	license that is renewed expires on the earlier of:
109	109	(1) the eighth anniversary of the expiration date
110	110	before renewal if the applicant is a citizen, national, or legal
111	111	permanent resident of the United States or a refugee or asylee
112	112	lawfully admitted into the United States;
113	113	(1-a) for an applicant not described by Subdivision
114	114	(1):
115	115	(A) the earlier of:
116	116	(i) the eighth anniversary of the
117	117	expiration date before renewal; or
118	118	(ii) the expiration date of the applicant's
119	119	authorized stay in the United States; or
120	120	(B) the first anniversary of the date of
121	121	issuance, if there is no definite expiration date for the
122	122	applicant's authorized stay in the United States; or
123	123	(2) for a renewal driver's license issued to a person
124	124	whose address of principal residence [or domicile] is a
125	125	correctional facility or a parole facility, the first birthday of
126	126	the license holder occurring after the first anniversary of the
127	127	date of issuance unless an earlier date is otherwise provided.
128	128	SECTION 6. Section 521.421(a-2), Transportation Code, is
129	129	amended to read as follows:
130	130	(a-2) Except as provided by Subsection (a-1), the
131	131	department by rule shall establish the fee for a personal
132	132	identification certificate or driver's license issued to a person
133	133	whose address of principal residence [or domicile] is a
134	134	correctional facility or a parole facility.
135	135	SECTION 7. The changes in law made by this Act apply to an
136	136	application for a driver's license or personal identification
137	137	certificate submitted on or after the effective date of this Act.
138	138	An application for a driver's license or personal identification
139	139	certificate submitted before the effective date of this Act is
140	140	governed by the law in effect on the date the application was
141	141	submitted, and the former law is continued in effect for that
142	142	purpose.
143	143	SECTION 8. This Act takes effect September 1, 2023.
144	144	* * * * *