1-1 AN ACT
1-2 relating to a license or permit for certain sex offenders to
1-3 operate a motor vehicle or commercial motor vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 62.065(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) A person subject to registration under this chapter
1-8 shall apply to the department in person for the issuance of, as
1-9 applicable, an original or renewal driver's license under Section
1-10 521.272, Transportation Code, an original or renewal [or for a]
1-11 personal identification certificate under Section 521.103,
1-12 Transportation Code, or an original or renewal commercial driver's
1-13 license or commercial driver learner's permit under Section
1-14 522.033, Transportation Code, not later than the 30th day after the
1-15 date:
1-16 (1) the person is released from a penal institution or
1-17 is released by a court on juvenile probation or community
1-18 supervision; or
1-19 (2) the department sends written notice to the person
1-20 of the requirements of this article.
1-21 SECTION 2. Section 521.222, Transportation Code, is amended
1-22 by amending Subsection (e) and adding Subsection (f) to read as
1-23 follows:
1-24 (e) Except as provided by Subsection (f), an [An]
2-1 instruction permit is not required to include a photograph.
2-2 (f) The department may issue an instruction permit under
2-3 this section to a person who is subject to the registration
2-4 requirements under Chapter 62, Code of Criminal Procedure, and is
2-5 otherwise eligible for the permit. An instruction permit issued
2-6 under this subsection must include a photograph of the person.
2-7 SECTION 3. Section 521.223, Transportation Code, is amended
2-8 by adding Subsection (g) to read as follows:
2-9 (g) The department may issue a hardship license to a person
2-10 who is subject to the registration requirements under Chapter 62,
2-11 Code of Criminal Procedure, and is otherwise eligible for the
2-12 license. A hardship license issued under this section must include
2-13 a photograph of the person.
2-14 SECTION 4. Sections 521.272(a) and (c), Transportation Code,
2-15 are amended to read as follows:
2-16 (a) The department may issue an original or renewal driver's
2-17 license to a person whose driver's license or personal
2-18 identification certificate record indicates that the person is
2-19 subject to the registration requirements of Chapter 62, Code of
2-20 Criminal Procedure, [as added by Chapter 668, Acts of the 75th
2-21 Legislature, Regular Session, 1997,] only if the person:
2-22 (1) applies in person for the issuance of a license
2-23 under this section; and
2-24 (2) pays the [a] fee required by Section 521.421(h)
2-25 [of $20].
2-26 (c) Notwithstanding Section 521.271, a driver's license
2-27 issued under this section, including a renewal, duplicate, or
3-1 corrected license, expires on the first birthday of the license
3-2 holder occurring after the date of application, except that the
3-3 initial license issued under this section expires on the second
3-4 birthday of the license holder occurring after the date of
3-5 application. This subsection does not apply to:
3-6 (1) a provisional license;
3-7 (2) an instruction permit issued under Section
3-8 521.222; or
3-9 (3) a hardship license issued under Section 521.223.
3-10 SECTION 5. Section 521.274, Transportation Code, as amended
3-11 by Chapters 1189 and 1401, Acts of the 76th Legislature, Regular
3-12 Session, 1999, is amended to read as follows:
3-13 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS. (a) The
3-14 department by rule may provide that the holder of a driver's
3-15 license may renew the license by mail, by telephone, over the
3-16 Internet, or by other electronic means.
3-17 (b) A rule adopted under this section:
3-18 (1) may prescribe eligibility standards for renewal
3-19 under this section; and
3-20 (2) may not permit a person subject to the
3-21 registration requirements under Chapter 62, Code of Criminal
3-22 Procedure, to register by mail or electronic means.
3-23 [(b) A rule adopted under this subsection may not permit
3-24 renewal by mail of:]
3-25 [(1) a provisional license;]
3-26 [(2) an occupational license; or]
3-27 [(3) a driver's license if the license holder's:]
4-1 [(A) driving record as maintained by the
4-2 department shows that the holder, within the four years preceding
4-3 the date of the renewal application, has been convicted of:]
4-4 [(i) a moving violation, as defined by
4-5 department rule, in this state; or]
4-6 [(ii) an offense described by Subchapter
4-7 O; or]
4-8 [(B) driver's license record or personal
4-9 identification certificate record indicates that the holder is
4-10 subject to the registration requirements of Chapter 62, Code of
4-11 Criminal Procedure, as added by Chapter 668, Acts of the 75th
4-12 Legislature, Regular Session, 1997.]
4-13 SECTION 6. Section 521.421, Transportation Code, is amended
4-14 by adding Subsection (h) to read as follows:
4-15 (h) The fee for issuance or renewal of a driver's license, a
4-16 provisional license, an instruction permit, or a hardship license
4-17 issued to a person subject to the registration requirements under
4-18 Chapter 62, Code of Criminal Procedure, is $20.
4-19 SECTION 7. Section 521.422(a), Transportation Code, is
4-20 amended to read as follows:
4-21 (a) The fee for a personal identification certificate is:
4-22 (1) $15 for a person under 60 years of age; [and]
4-23 (2) $5 for a person 60 years of age or older; and
4-24 (3) $20 for a person subject to the registration
4-25 requirements under Chapter 62, Code of Criminal Procedure.
4-26 SECTION 8. Section 521.426, Transportation Code, is amended
4-27 by amending Subsection (a) and adding Subsection (c) to read as
5-1 follows:
5-2 (a) Except as provided by Subsection (c), a [A] veteran of
5-3 service in the armed forces of the United States is exempt from the
5-4 payment of fees under this chapter for the issuance of a driver's
5-5 license if the veteran:
5-6 (1) was honorably discharged;
5-7 (2) has a service-related disability of at least 60
5-8 percent; and
5-9 (3) receives compensation from the United States
5-10 because of the disability.
5-11 (c) Subsection (a) does not apply to a person subject to the
5-12 registration requirements of Chapter 62, Code of Criminal
5-13 Procedure.
5-14 SECTION 9. Section 522.029, Transportation Code, is amended
5-15 by amending Subsection (a) and adding Subsection (h) to read as
5-16 follows:
5-17 (a) The fee for a commercial driver's license or commercial
5-18 driver learner's permit issued by the department is $60, except as
5-19 provided by Subsections [Subsection] (f) and (h).
5-20 (h) The fee for a commercial driver's license or commercial
5-21 driver learner's permit issued under Section 522.033 is $20.
5-22 SECTION 10. Subchapter C, Chapter 522, Transportation Code,
5-23 is amended by adding Section 522.033 to read as follows:
5-24 Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
5-25 SEX OFFENDERS. (a) The department may issue an original or renewal
5-26 commercial driver's license or commercial driver learner's permit
5-27 to a person whose driver's license or personal identification
6-1 certificate record indicates that the person is subject to the
6-2 registration requirements of Chapter 62, Code of Criminal
6-3 Procedure, only if the person is otherwise eligible for the
6-4 commercial driver's license or commercial driver learner's permit
6-5 and:
6-6 (1) applies in person for the issuance of a license or
6-7 permit under this section; and
6-8 (2) pays a fee of $20.
6-9 (b) Notwithstanding Section 522.051, a commercial driver's
6-10 license or commercial driver learner's permit issued under this
6-11 section, including a renewal, duplicate, or corrected license,
6-12 expires on the first birthday of the license holder occurring after
6-13 the date of application, except that the initial license issued
6-14 under this section expires on the second birthday of the license
6-15 holder occurring after the date of application.
6-16 SECTION 11. Section 522.051(a), Transportation Code, is
6-17 amended to read as follows:
6-18 (a) Except as provided by Section 522.033, an [An] original
6-19 commercial driver's license or commercial driver learner's permit
6-20 expires six years after the applicant's next birthday.
6-21 SECTION 12. Section 522.052, Transportation Code, is amended
6-22 by amending Subsection (a) and adding Subsection (g) to read as
6-23 follows:
6-24 (a) Except as provided by Subsection (g), a [A] commercial
6-25 driver's license issued by the department may be renewed in the
6-26 year preceding the expiration date.
6-27 (g) A commercial driver's license issued under Section
7-1 522.033 may not be renewed before the 60th day preceding the
7-2 expiration date.
7-3 SECTION 13. This Act takes effect September 1, 2001, and
7-4 applies only to a license, permit, or identification certificate
7-5 issued or renewed by the Department of Public Safety on or after
7-6 that date. A license, permit, or identification certificate issued
7-7 or renewed before the effective date of this Act is covered by the
7-8 law in effect on the date the license, permit, or certificate was
7-9 issued, and the former law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2663 was passed by the House on April
20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2663 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor