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.

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