1-1 By: Cuellar, et al. (Senate Sponsor - Brown) H.B. No. 1200
1-2 (In the Senate - Received from the House April 23, 1997;
1-3 April 24, 1997, read first time and referred to Committee on State
1-4 Affairs; May 12, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; May 12, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1200 By: Nixon
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the period of validity of and fees for a driver's
1-11 license or personal identification certificate.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 521.271, Transportation Code, is amended
1-14 to read as follows:
1-15 Sec. 521.271. LICENSE AND PERSONAL IDENTIFICATION
1-16 CERTIFICATE EXPIRATION. (a) Each original driver's license,
1-17 personal identification certificate, and provisional license
1-18 expires as follows:
1-19 (1) a driver's license or personal identification
1-20 certificate expires on the 60th [first] birthday of the license or
1-21 certificate holder [occurring after the fourth anniversary of the
1-22 date of the application];
1-23 (2) a provisional license expires on the earlier of:
1-24 (A) the 18th birthday of the license holder; or
1-25 (B) the first birthday of the license holder
1-26 occurring after the date of the application;
1-27 (3) an instruction permit expires on the first
1-28 birthday of the license holder occurring after the date of the
1-29 application; and
1-30 (4) an occupational license expires on the first
1-31 anniversary of the court order granting the license.
1-32 (b) A driver's license that is renewed expires on the fourth
1-33 anniversary of the expiration date before renewal.
1-34 (c) The department shall renew the license or certificate of
1-35 a holder who is under 60 years of age without charge at six-year
1-36 intervals to include changes in the pertinent information shown on
1-37 the license or certificate. As a condition of renewal, the
1-38 department may require a holder to furnish information required for
1-39 an application for an original license under Section 521.142.
1-40 Notwithstanding Subsection (a)(1), a driver's license or personal
1-41 identification certificate expires on the first birthday of the
1-42 license or certificate holder occurring after the sixth anniversary
1-43 of the date of application for original issuance or for renewal
1-44 under this section, unless the holder has obtained from the
1-45 department a renewed license or certificate under this subsection.
1-46 This subsection does not affect the right of a person to obtain a
1-47 duplicate or corrected license or certificate at another time or
1-48 the obligation of the person to pay the fee required for a
1-49 duplicate license or certificate obtained at another time.
1-50 (d) A driver's license or personal identification
1-51 certificate that expires under Subsection (c) and that is not
1-52 renewed within two years after the date of the expiration may not
1-53 be renewed. To obtain a license or certificate the person who held
1-54 the expired license or certificate must apply for an original
1-55 license or certificate and meet all of the requirements for
1-56 obtaining an original license or certificate, including payment of
1-57 the fee required by Section 521.421.
1-58 SECTION 2. Section 521.421, Transportation Code, is amended
1-59 by amending the heading and Subsections (a) and (b) and adding
1-60 Subsection (f) to read as follows:
1-61 Sec. 521.421. LICENSE AND CERTIFICATE FEES; EXAMINATION
1-62 FEES. (a) The fee for issuance [or renewal] of a license or
1-63 personal identification certificate not otherwise provided for by
1-64 this section is:
2-1 (1) $85 if on the date of application the applicant
2-2 is:
2-3 (A) at least 18 years of age but younger than 25
2-4 years of age, if the application is for a license; or
2-5 (B) younger than 25 years of age, if the
2-6 application is for a personal identification certificate;
2-7 (2) $75 if on the date of application the applicant is
2-8 at least 25 years of age but younger than 35 years of age;
2-9 (3) $60 if on the date of application the applicant is
2-10 at least 35 years of age but younger than 45 years of age;
2-11 (4) $40 if on the date of application the applicant is
2-12 at least 45 years of age but younger than 50 years of age;
2-13 (5) $20 if on the date of application the applicant is
2-14 at least 50 years of age but younger than 55 years of age; and
2-15 (6) $16 if on the date of application the applicant is
2-16 at least 55 years of age.
2-17 (b) The fee for renewal of a [Class M] license not otherwise
2-18 provided by by this section is $16 [$21].
2-19 (f) For a license authorizing the operation of a motorcycle
2-20 or moped:
2-21 (1) the fee for renewal under Section 521.271(c) is
2-22 $8; and
2-23 (2) the fee for renewal is increased by $8.
2-24 SECTION 3. Section 521.422, Transportation Code, is amended
2-25 to read as follows:
2-26 Sec. 521.422. PERSONAL IDENTIFICATION CERTIFICATE RENEWAL
2-27 FEE. The fee for a renewal of a personal identification
2-28 certificate is[:]
2-29 [(1) $10 for a person under 65 years of age; and]
2-30 [(2)] $5 for a person 60 [65] years of age or older.
2-31 SECTION 4. Section 521.123, Transportation Code, is amended
2-32 to read as follows:
2-33 Sec. 521.123. Designator on License Issued to Person Under
2-34 21 Years of Age. (a) The department shall:
2-35 (1) designate and clearly mark as a provisional
2-36 license each original driver's license issued by the department to
2-37 a person who is under 18 years of age; and
2-38 (2) indicate "UNDER 21" on the face of each original,
2-39 renewed, or duplicate license issued to a person who is under 21
2-40 years of age.
2-41 (b) On request of a license holder who is at least 21 years
2-42 of age, the department shall remove an "UNDER 21" indication from
2-43 the holder's license without charge.
2-44 SECTION 5. Section 521.101(f), Transportation Code, is
2-45 amended to read as follows:
2-46 (f) On request of a certificate holder who is at least 21
2-47 years of age, the department shall remove an "UNDER 21" indication
2-48 from the holder's certificate without charge. [A certificate
2-49 expires on a date specified by the department.]
2-50 SECTION 6. Sections 522.029(a) and (b), Transportation Code,
2-51 are amended to read as follows:
2-52 (a) The fee for a commercial driver's license or commercial
2-53 driver learner's permit issued by the department is $60 [$40].
2-54 (b) If [The fee for] a commercial driver's license or
2-55 commercial driver learner's permit includes an authorization to
2-56 operate a motorcycle or moped, the fee for issuance or renewal of
2-57 the license or permit is increased by $8 [shall be reduced by $4
2-58 for each remaining year of validity of a driver's license, other
2-59 than a commercial driver's license or commercial driver learner's
2-60 permit issued by the department to the applicant].
2-61 SECTION 7. Section 522.051, Transportation Code, is amended
2-62 to read as follows:
2-63 Sec. 522.051. EXPIRATION OF LICENSE OR PERMIT. (a) An
2-64 original commercial driver's license or commercial driver learner's
2-65 permit expires six [four] years after the applicant's next
2-66 birthday.
2-67 (b) [A commercial driver's license or commercial driver
2-68 learner's permit issued to a person holding a Texas Class A, B, C,
2-69 or M license that would expire one year or more after the date of
3-1 issuance of the commercial driver's license or commercial driver
3-2 learner's permit expires four years after the applicant's next
3-3 birthday.]
3-4 [(c) A commercial driver's license or commercial driver
3-5 learner's permit issued to a person holding a Texas Class A, B, C,
3-6 or M license that would expire less than one year after the date of
3-7 issuance of the commercial driver's license or commercial driver
3-8 learner's permit or that has been expired for less than one year
3-9 expires four years after the expiration date shown on the Class A,
3-10 B, C, or M license.]
3-11 [(d) A commercial driver's license or commercial driver
3-12 learner's permit issued to a person holding a Texas Class A, B, C,
3-13 or M license that has been expired for at least one year but not
3-14 more than two years expires four years after the applicant's last
3-15 birthday.]
3-16 [(e)] For purposes of this section, a person's ["last
3-17 birthday" is the birthday that occurs on or before the date of
3-18 issuance, and a person's] "next birthday" is the birthday that
3-19 occurs on or after the date of issuance.
3-20 SECTION 8. Sections 522.052(b) and (c), Transportation Code,
3-21 are amended to read as follows:
3-22 (b) A renewal of a commercial driver's license that has been
3-23 expired for less than one year expires six [four] years after the
3-24 expiration date shown on the commercial driver's license.
3-25 (c) A renewal of a commercial driver's license that has been
3-26 expired for at least one year but not more than two years expires
3-27 six [four] years after the applicant's last birthday.
3-28 SECTION 9. A driver's license or personal identification
3-29 certificate for which a renewal application is filed on or after
3-30 the effective date of this Act is subject to the expiration and fee
3-31 provisions applicable to an original license or certificate under
3-32 Chapter 521, Transportation Code, as amended by this Act.
3-33 SECTION 10. The Department of Public Safety by rule may
3-34 provide for the staggered expiration of licenses and certificates
3-35 under Chapter 521, Transportation Code, so that a proportionate
3-36 number of licenses and certificates expire each year. The fee for
3-37 a license or certificate issued for a period other than the period
3-38 provided by that chapter shall be prorated accordingly.
3-39 SECTION 11. This Act takes effect September 1, 1997.
3-40 SECTION 12. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *