Texas 2023 - 88th Regular

Texas Senate Bill SB1980 Compare Versions

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1	1	2023S0238-1 03/03/23
2	2	By: Blanco, et al. S.B. No. 1980
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's permit; authorizing fees; creating an
10	10	offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 521, Transportation Code, is amended by
13	13	adding Subchapter K-1 to read as follows:
14	14	SUBCHAPTER K-1. TEXAS CONDITIONAL DRIVER'S PERMIT
15	15	Sec. 521.231. ELIGIBILITY. (a) The department may issue a
16	16	Texas conditional driver's permit, a provisional Texas conditional
17	17	driver's permit, or a Texas conditional learner's permit to a person
18	18	who:
19	19	(1) as of the date the permit is issued, has resided in
20	20	this state for at least one year;
21	21	(2) is unable to present to the department
22	22	documentation issued by the United States agency responsible for
23	23	citizenship and immigration authorizing the person to be in the
24	24	United States;
25	25	(3) has not been finally convicted of a felony
26	26	offense;
27	27	(4) is not ineligible for a driver's license under
28	28	Section 521.202;
29	29	(5) has not been finally convicted of an offense
30	30	described by Section 521.372(a); and
31	31	(6) regardless of the person's age, has completed a
32	32	driver education course required by Section 521.1601 and an
33	33	examination required by Section 521.161, except as provided by
34	34	Subsection (b).
35	35	(b) A person may be issued a Texas conditional learner's
36	36	permit without having passed the examination under Section 521.161.
37	37	Sec. 521.232. PERMIT REQUIREMENTS. (a) A permit issued
38	38	under this subchapter is valid as proof of the permit holder's
39	39	identity for driving purposes only. The permit is not valid as
40	40	proof of the permit holder's identity for any federal purpose,
41	41	including voting.
42	42	(b) The department shall:
43	43	(1) designate and clearly mark each permit issued
44	44	under this subchapter;
45	45	(2) designate and clearly mark each provisional Texas
46	46	conditional driver's permit or Texas conditional learner's permit,
47	47	as applicable, issued to a person who is younger than 18 years of
48	48	age;
49	49	(3) include on a permit issued under this subchapter
50	50	an indication that the permit is valid as proof of identity for
51	51	driving purposes only and is not valid as proof of identity for any
52	52	federal purpose, including voting; and
53	53	(4) design the permit to appear substantially similar
54	54	to the design of a driver's license.
55	55	(c) Except as otherwise provided by this chapter:
56	56	(1) a holder of a Texas conditional driver's permit is
57	57	subject to the laws of this state applicable to the holder of an
58	58	original or duplicate driver's license;
59	59	(2) a holder of a provisional Texas conditional
60	60	driver's permit is subject to the laws of this state applicable to
61	61	the holder of a provisional driver's license; and
62	62	(3) a holder of a Texas conditional learner's permit is
63	63	subject to the laws of this state applicable to the holder of a
64	64	learner license.
65	65	(d) The department shall adopt rules:
66	66	(1) regarding the design and content of permits issued
67	67	under this subchapter;
68	68	(2) establishing criteria for proof of identification
69	69	and residency of an applicant;
70	70	(3) requiring a check of state and national criminal
71	71	history record information to determine whether an applicant is
72	72	eligible for a permit under Sections 521.231(a)(3), (4), and (5);
73	73	and
74	74	(4) regarding qualifications for the issuance of
75	75	provisional Texas conditional driver's permits and Texas
76	76	conditional learner's permits.
77	77	Sec. 521.233. APPLICATION. (a) An application for a permit
78	78	under this subchapter must state the applicant's full name and
79	79	place and date of birth. This information must be verified by
80	80	presentation of one document establishing the applicant's identity
81	81	and age, including:
82	82	(1) a current passport or consular document issued to
83	83	the applicant by the country of which the applicant is a citizen;
84	84	(2) a current border crossing card;
85	85	(3) a current Mexican voter registration card
86	86	(Instituto Nacional Electoral credencial para votar);
87	87	(4) an individual taxpayer identification number
88	88	issued by the Internal Revenue Service; or
89	89	(5) another identification document the department
90	90	determines by rule is acceptable as proof of the information.
91	91	(b) The application must include:
92	92	(1) the applicant's thumbprints or, if thumbprints
93	93	cannot be taken, the index fingerprints of the applicant;
94	94	(2) a photograph of the applicant;
95	95	(3) the signature of the applicant;
96	96	(4) a brief description of the applicant;
97	97	(5) any information necessary to perform a criminal
98	98	history background check on the applicant; and
99	99	(6) evidence that the applicant has resided in this
100	100	state for at least one year.
101	101	(c) The application must state:
102	102	(1) the sex of the applicant;
103	103	(2) the residence address of the applicant;
104	104	(3) whether the applicant has been licensed to drive a
105	105	motor vehicle before;
106	106	(4) if previously licensed:
107	107	(A) when and by what state or country;
108	108	(B) whether that license has been suspended or
109	109	revoked or a license application denied; and
110	110	(C) if applicable, the date and reason for the
111	111	suspension, revocation, or denial; and
112	112	(5) the county of residence of the applicant.
113	113	(d) Regardless of the applicant's age, the application must
114	114	state whether the applicant has completed a driver education course
115	115	required by Section 521.1601 and each applicable examination
116	116	required by Section 521.161.
117	117	(e) The application must be accompanied by evidence of
118	118	financial responsibility that complies with the requirements of
119	119	Section 521.143.
120	120	(f) The application must include any other information the
121	121	department requires to determine the applicant's eligibility as
122	122	required by state law.
123	123	(g) Information collected by the department under this
124	124	section is confidential and not subject to disclosure under Chapter
125	125	552, Government Code.
126	126	(h) Information supplied to the department relating to an
127	127	applicant's medical history is for the confidential use of the
128	128	department and may not be disclosed to any person or used as
129	129	evidence in a legal proceeding other than a proceeding under
130	130	Subchapter N. This subsection does not apply to information
131	131	provided by an applicant under Subsection (i).
132	132	(i) The application must provide space for the applicant to
133	133	voluntarily list any health condition that may impede communication
134	134	with a peace officer as evidenced by a written statement from a
135	135	licensed physician.
136	136	(j) Information supplied to the department relating to the
137	137	applicant's criminal history is for the confidential use of the
138	138	department and may not be disclosed to any person or used as
139	139	evidence in a legal proceeding, including an immigration
140	140	proceeding.
141	141	Sec. 521.234. FEES. (a) The fee for the issuance or
142	142	renewal of a Texas conditional driver's permit is $50.
143	143	(b) The fee for the issuance of a provisional Texas
144	144	conditional driver's permit or Texas conditional learner's permit
145	145	is $15.
146	146	(c) Each fee collected under this subchapter shall be
147	147	deposited to the credit of the Texas mobility fund.
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's 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	Sec. 521.237. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A
159	159	Texas conditional driver's permit is invalid if, on request of a
160	160	peace officer, the permit holder is unable to provide evidence of
161	161	financial responsibility for a motor vehicle the permit holder is
162	162	operating.
163	163	(b) A holder of a Texas conditional driver's permit who
164	164	cannot provide evidence of financial responsibility commits an
165	165	offense punishable under Section 521.457.
166	166	SECTION 2. Not later than January 1, 2024, the Department of
167	167	Public Safety of the State of Texas shall:
168	168	(1) adopt the rules necessary to implement Subchapter
169	169	K-1, Chapter 521, Transportation Code, as added by this Act; and
170	170	(2) create the application form required by Section
171	171	521.233, Transportation Code, as added by this Act.
172	172	SECTION 3. This Act takes effect September 1, 2023.