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A BILL TO BE ENTITLED
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AN ACT
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relating to the expiration date of driver's licenses and renewal |
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driver's licenses issued to noncitizens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.013(a), Transportation Code, as |
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added by H.B. No. 2497, Acts of the 87th Legislature, Regular |
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Session, 2021, and effective September 1, 2021, is amended to read |
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as follows: |
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(a) The department shall provide the pamphlet described by |
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Section 451.005, Government Code, to persons who receive a driver's |
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license: |
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(1) after applying under Section 521.144; or |
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(2) with an expiration provided by Section 521.2712 |
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[521.271(a-2) or (a-3)]. |
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SECTION 2. Subchapter M, Chapter 521, Transportation Code, |
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is amended by adding Section 521.2712 to read as follows: |
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Sec. 521.2712. EXPIRATION OF NONCITIZEN LICENSE AND |
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RENEWAL. (a) Except as provided by Subsection (b), each original |
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driver's license issued to an applicant who is not a citizen and |
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each renewal of those licenses expires on the earliest of: |
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(1) the first anniversary of the date of issuance or |
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renewal, as applicable; |
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(2) the expiration date of the applicant's or license |
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holder's lawful presence in the United States as determined by the |
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appropriate United States agency in compliance with federal law, if |
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there is a definite expiration date for the applicant's or license |
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holder's authorized stay in the United States; or |
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(3) another date applicable under this subchapter, |
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including the date of a court order under Section 521.271(a)(4). |
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(b) Each original provisional or learner license issued to a |
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person who is not a citizen and each renewal of those licenses |
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expires on the earliest of: |
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(1) the first anniversary of the date of issuance or |
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renewal, as applicable; |
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(2) the 18th birthday of the license holder; or |
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(3) the expiration of the applicant's or license |
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holder's lawful presence in the United States as determined by the |
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appropriate United States agency in compliance with federal law, if |
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there is a definite expiration date for the applicant's or license |
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holder's authorized stay in the United States. |
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SECTION 3. Sections 521.271(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) Except as provided by this subchapter, including |
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Sections 521.2711 and 521.2712, each [Each] original driver's |
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license, provisional license, learner license, or occupational |
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driver's license [issued to an applicant who is a citizen, |
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national, or legal permanent resident of the United States or a |
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refugee or asylee lawfully admitted into the United States] expires |
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as follows: |
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(1) [except as provided by Section 521.2711,] a |
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driver's license expires on the first birthday of the license |
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holder occurring after the eighth anniversary of the date of the |
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application; |
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(2) a provisional license expires on the 18th birthday |
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of the license holder; |
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(3) a learner license expires on the 18th birthday of |
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the license holder; |
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(4) an occupational driver's license expires on the |
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first anniversary of the court order granting the license; and |
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(5) unless an earlier date is otherwise provided, a |
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driver's license issued to a person whose residence or domicile is a |
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correctional facility or a parole facility expires on the first |
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birthday of the license holder occurring after the first |
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anniversary of the date of issuance. |
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(b) Except as otherwise provided by this subchapter, |
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including Sections [Section] 521.2711 and 521.2712, a driver's |
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license that is renewed expires on the earlier of: |
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(1) the eighth anniversary of the expiration date |
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before renewal if the applicant is a citizen, national, or legal |
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permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States; |
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[(1-a) for an applicant not described by Subdivision |
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(1): |
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[(A) the earlier of: |
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[(i) the eighth anniversary of the |
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expiration date before renewal; or |
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[(ii) the expiration date of the |
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applicant's authorized stay in the United States; or |
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[(B) the first anniversary of the date of |
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issuance, if there is no definite expiration date for the |
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applicant's authorized stay in the United States;] or |
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(2) for a renewal driver's license issued to a person |
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whose residence or domicile is a correctional facility or a parole |
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facility, the first birthday of the license holder occurring after |
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the first anniversary of the date of issuance unless an earlier date |
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is otherwise provided. |
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SECTION 4. Section 521.272(c), Transportation Code, is |
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amended to read as follows: |
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(c) Notwithstanding Sections 521.271 and 521.2711, a |
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driver's license issued under this section, including a renewal, |
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duplicate, or corrected license, expires[: |
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[(1) if the license holder is a citizen, national, or |
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legal permanent resident of the United States or a refugee or asylee |
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lawfully admitted into the United States,] on the first birthday of |
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the license holder occurring after the date of application, except |
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that: |
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(1) [(A)] the initial license issued under this |
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section expires on the second birthday of the license holder |
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occurring after the date of application, subject to Subdivision (2) |
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[Paragraph (B)]; and |
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(2) [(B)] a license issued under this section to a |
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person described by Article 62.2021, Code of Criminal Procedure, |
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expires on the sixth anniversary of the date on which the license |
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was issued[; or |
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[(2) if the applicant is not described by Subdivision |
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(1), on the earlier of: |
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[(A) the expiration date of the applicant's |
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authorized stay in the United States; or |
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[(B) as applicable: |
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[(i) the first birthday of the license |
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holder occurring after the date of application; |
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[(ii) if the license holder holds an |
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initial license issued under this section, the second birthday of |
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the license holder occurring after the date of application; or |
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[(iii) if the license holder is a person |
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described by Article 62.2021, Code of Criminal Procedure, the sixth |
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anniversary of the date on which the license was issued]. |
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SECTION 5. The following provisions of the Transportation |
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Code are repealed: |
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(1) Sections 521.271(a-2), (a-3), and (a-4); and |
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(2) Section 521.2711(c). |
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SECTION 6. The changes in law made by this Act apply only to |
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a driver's license issued or renewed on or after June 1, 2022. A |
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driver's license issued or renewed before June 1, 2022, is governed |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect on the 91st day after the |
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last day of the legislative session. |