1-1     By:  Green (Senate Sponsor - Armbrister)              H.B. No. 1762
 1-2           (In the Senate - Received from the House April 26, 2001;
 1-3     April 27, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the issuance of certain driver's licenses and
 1-9     identification certificates by the Department of Public Safety and
1-10     the provision of driver record information by the department and to
1-11     fees and charges collected by the department.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Subchapter C, Chapter 521, Transportation Code, is
1-14     amended by adding Section 521.0485 to read as follows:
1-15           Sec. 521.0485.  REQUESTS FOR INFORMATION BY MAIL OR
1-16     ELECTRONIC MEANS. (a)  The department by rule may provide that the
1-17     holder of a driver's license issued by the department may submit a
1-18     request for information under Sections 521.045-521.048 by mail, by
1-19     telephone, over the Internet, or by other electronic means.
1-20           (b)  A rule adopted under Subsection (a):
1-21                 (1)  may prescribe eligibility standards for release of
1-22     the requested information; and
1-23                 (2)  may not conflict with any provision of this
1-24     chapter or another law that relates to the release of the
1-25     information by the department.
1-26           SECTION 2. Section 521.146, Transportation Code, is amended
1-27     by amending Subsection (b) and adding Subsections (c) and (d) to
1-28     read as follows:
1-29           (b)  An applicant for a [duplicate or] corrected driver's
1-30     license or certificate must submit to the department the required
1-31     fee, accompanied by[:]
1-32                 [(1)  proof satisfactory to the department that the
1-33     driver's license or certificate was lost or destroyed; or]
1-34                 [(2)]  the required information that has changed with
1-35     proof satisfactory to the department that supports the change.
1-36           (c)  The department by rule may provide that the holder of a
1-37     driver's license or identification certificate issued by the
1-38     department may apply for the issuance of a duplicate license or
1-39     certificate by mail, by telephone, over the Internet, or by other
1-40     electronic means.
1-41           (d)  A rule adopted under Subsection (c) may prescribe
1-42     eligibility standards for issuance of a duplicate driver's license
1-43     or identification certificate under this section.
1-44           SECTION 3. Subchapter A, Chapter 411, Government Code, is
1-45     amended by adding Section 411.0135 to read as follows:
1-46           Sec. 411.0135.  METHOD OF PAYMENT OF FEES AND CHARGES. (a)
1-47     The department may adopt rules regarding the method of payment of
1-48     any fee or charge that is imposed or collected by the department.
1-49           (b)  Rules adopted under Subsection (a) may authorize
1-50     payment, under circumstances prescribed by the department:
1-51                 (1)  in person, by mail, by telephone, or over the
1-52     Internet;
1-53                 (2)  by means of electronic funds transfer; or
1-54                 (3)  by means of a valid credit card issued by a
1-55     financial institution chartered by a state or the federal
1-56     government or by a nationally recognized credit organization
1-57     approved by the department.
1-58           (c)  The department by rule may require, in addition to the
1-59     amount of the fee or charge, the payment of:
1-60                 (1)  a discount, convenience, or service charge for a
1-61     payment transaction; or
1-62                 (2)  a service charge in connection with the payment of
1-63     a payment transaction that is dishonored or refused for lack of
1-64     funds or insufficient funds.
 2-1           SECTION 4. Section 521.427, Transportation Code, is repealed.
 2-2           SECTION 5. (a)  This Act takes effect September 1, 2001.
 2-3           (b)  The repeal by this Act of Section 521.427,
 2-4     Transportation Code, does not affect the continuing validity of a
 2-5     rule adopted by the Department of Public Safety under that section,
 2-6     regardless of the date of adoption.  A rule adopted by the
 2-7     Department of Public Safety under that section continues in effect
 2-8     unless the rule is amended, repealed, or rescinded by the
 2-9     department.
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