1 | 1 | | 88R171 AJZ-F |
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2 | 2 | | By: Middleton S.B. No. 430 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the expiration date of driver's licenses and renewal |
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8 | 8 | | driver's licenses issued to noncitizens. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 521.013, Transportation Code, as added |
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11 | 11 | | by Chapter 818 (H.B. 2497), Acts of the 87th Legislature, Regular |
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12 | 12 | | Session, 2021, is redesignated as Section 521.014, Transportation |
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13 | 13 | | Code, and amended to read as follows: |
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14 | 14 | | Sec. 521.014 [521.013]. TEXAS 1836 PROJECT PAMPHLET. (a) |
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15 | 15 | | The department shall provide the pamphlet described by Section |
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16 | 16 | | 451.005, Government Code, to persons who receive a driver's |
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17 | 17 | | license: |
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18 | 18 | | (1) after applying under Section 521.144; or |
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19 | 19 | | (2) with an expiration provided by Section 521.2712 |
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20 | 20 | | [521.271(a-2) or (a-3)]. |
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21 | 21 | | (b) The department shall make the pamphlet described by |
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22 | 22 | | Section 451.005, Government Code, available to the public on the |
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23 | 23 | | department's Internet website. |
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24 | 24 | | SECTION 2. Subchapter M, Chapter 521, Transportation Code, |
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25 | 25 | | is amended by adding Section 521.2712 to read as follows: |
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26 | 26 | | Sec. 521.2712. EXPIRATION OF NONCITIZEN LICENSE AND |
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27 | 27 | | RENEWAL. (a) Except as provided by Subsection (b), each original |
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28 | 28 | | driver's license issued to an applicant who is not a citizen and |
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29 | 29 | | each renewal of those licenses expires on the earliest of: |
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30 | 30 | | (1) the first anniversary of the date of issuance or |
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31 | 31 | | renewal, as applicable; |
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32 | 32 | | (2) the expiration date of the applicant's or license |
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33 | 33 | | holder's lawful presence in the United States as determined by the |
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34 | 34 | | appropriate United States agency in compliance with federal law, if |
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35 | 35 | | there is a definite expiration date for the applicant's or license |
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36 | 36 | | holder's authorized stay in the United States; or |
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37 | 37 | | (3) another date applicable under this subchapter, |
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38 | 38 | | including the date of a court order under Section 521.271(a)(4). |
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39 | 39 | | (b) Each original provisional or learner license issued to |
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40 | 40 | | an applicant who is not a citizen and each renewal of those licenses |
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41 | 41 | | expires on the earliest of: |
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42 | 42 | | (1) the first anniversary of the date of issuance or |
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43 | 43 | | renewal, as applicable; |
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44 | 44 | | (2) the 18th birthday of the license holder; or |
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45 | 45 | | (3) the expiration of the applicant's or license |
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46 | 46 | | holder's lawful presence in the United States as determined by the |
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47 | 47 | | appropriate United States agency in compliance with federal law, if |
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48 | 48 | | there is a definite expiration date for the applicant's or license |
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49 | 49 | | holder's authorized stay in the United States. |
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50 | 50 | | SECTION 3. Sections 521.271(a) and (b), Transportation |
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51 | 51 | | Code, are amended to read as follows: |
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52 | 52 | | (a) Except as provided by this subchapter, including |
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53 | 53 | | Sections 521.2711 and 521.2712, each [Each] original driver's |
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54 | 54 | | license, provisional license, learner license, or occupational |
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55 | 55 | | driver's license [issued to an applicant who is a citizen, |
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56 | 56 | | national, or legal permanent resident of the United States or a |
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57 | 57 | | refugee or asylee lawfully admitted into the United States] expires |
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58 | 58 | | as follows: |
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59 | 59 | | (1) [except as provided by Section 521.2711,] a |
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60 | 60 | | driver's license expires on the first birthday of the license |
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61 | 61 | | holder occurring after the eighth anniversary of the date of the |
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62 | 62 | | application; |
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63 | 63 | | (2) a provisional license expires on the 18th birthday |
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64 | 64 | | of the license holder; |
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65 | 65 | | (3) a learner license expires on the 18th birthday of |
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66 | 66 | | the license holder; |
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67 | 67 | | (4) an occupational driver's license expires on the |
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68 | 68 | | first anniversary of the court order granting the license; and |
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69 | 69 | | (5) unless an earlier date is otherwise provided, a |
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70 | 70 | | driver's license issued to a person whose residence or domicile is a |
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71 | 71 | | correctional facility or a parole facility expires on the first |
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72 | 72 | | birthday of the license holder occurring after the first |
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73 | 73 | | anniversary of the date of issuance. |
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74 | 74 | | (b) Except as otherwise provided by this subchapter, |
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75 | 75 | | including Sections [Section] 521.2711 and 521.2712, a driver's |
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76 | 76 | | license that is renewed expires on the earlier of: |
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77 | 77 | | (1) the eighth anniversary of the expiration date |
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78 | 78 | | before renewal if the applicant is a citizen, national, or legal |
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79 | 79 | | permanent resident of the United States or a refugee or asylee |
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80 | 80 | | lawfully admitted into the United States; |
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81 | 81 | | [(1-a) for an applicant not described by Subdivision |
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82 | 82 | | (1): |
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83 | 83 | | [(A) the earlier of: |
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84 | 84 | | [(i) the eighth anniversary of the |
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85 | 85 | | expiration date before renewal; or |
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86 | 86 | | [(ii) the expiration date of the |
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87 | 87 | | applicant's authorized stay in the United States; or |
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88 | 88 | | [(B) the first anniversary of the date of |
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89 | 89 | | issuance, if there is no definite expiration date for the |
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90 | 90 | | applicant's authorized stay in the United States;] or |
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91 | 91 | | (2) for a renewal driver's license issued to a person |
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92 | 92 | | whose residence or domicile is a correctional facility or a parole |
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93 | 93 | | facility, the first birthday of the license holder occurring after |
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94 | 94 | | the first anniversary of the date of issuance unless an earlier date |
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95 | 95 | | is otherwise provided. |
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96 | 96 | | SECTION 4. Section 521.272(c), Transportation Code, is |
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97 | 97 | | amended to read as follows: |
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98 | 98 | | (c) Notwithstanding Sections 521.271 and 521.2711, a |
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99 | 99 | | driver's license issued under this section, including a renewal, |
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100 | 100 | | duplicate, or corrected license, expires[: |
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101 | 101 | | [(1) if the license holder is a citizen, national, or |
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102 | 102 | | legal permanent resident of the United States or a refugee or asylee |
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103 | 103 | | lawfully admitted into the United States,] on the first birthday of |
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104 | 104 | | the license holder occurring after the date of application, except |
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105 | 105 | | that: |
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106 | 106 | | (1) [(A)] the initial license issued under this |
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107 | 107 | | section expires on the second birthday of the license holder |
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108 | 108 | | occurring after the date of application, subject to Subdivision (2) |
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109 | 109 | | [Paragraph (B)]; and |
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110 | 110 | | (2) [(B)] a license issued under this section to a |
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111 | 111 | | person described by Article 62.2021, Code of Criminal Procedure, |
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112 | 112 | | expires on the sixth anniversary of the date on which the license |
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113 | 113 | | was issued[; or |
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114 | 114 | | [(2) if the applicant is not described by Subdivision |
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115 | 115 | | (1), on the earlier of: |
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116 | 116 | | [(A) the expiration date of the applicant's |
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117 | 117 | | authorized stay in the United States; or |
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118 | 118 | | [(B) as applicable: |
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119 | 119 | | [(i) the first birthday of the license |
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120 | 120 | | holder occurring after the date of application; |
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121 | 121 | | [(ii) if the license holder holds an |
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122 | 122 | | initial license issued under this section, the second birthday of |
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123 | 123 | | the license holder occurring after the date of application; or |
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124 | 124 | | [(iii) if the license holder is a person |
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125 | 125 | | described by Article 62.2021, Code of Criminal Procedure, the sixth |
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126 | 126 | | anniversary of the date on which the license was issued]. |
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127 | 127 | | SECTION 5. The following provisions of the Transportation |
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128 | 128 | | Code are repealed: |
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129 | 129 | | (1) Sections 521.271(a-2), (a-3), and (a-4); and |
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130 | 130 | | (2) Section 521.2711(c). |
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131 | 131 | | SECTION 6. The changes in law made by this Act apply only to |
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132 | 132 | | a driver's license issued or renewed on or after June 1, 2024. A |
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133 | 133 | | driver's license issued or renewed before June 1, 2024, is governed |
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134 | 134 | | by the law in effect immediately before the effective date of this |
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135 | 135 | | Act, and the former law is continued in effect for that purpose. |
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136 | 136 | | SECTION 7. This Act takes effect September 1, 2023. |
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