77R9486 JAT-D                           
         By Grusendorf                                         H.B. No. 2663
         Substitute the following for H.B. No. 2663:
         By Turner of Coleman                              C.S.H.B. No. 2663
                                A BILL TO BE ENTITLED
 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, only if the person:
2-21                 (1)  applies in person for the issuance of a license
2-22     under this section; and
2-23                 (2)  pays the [a] fee required by Section 521.421(h)
2-24     [of $20].
2-25           (c)  Notwithstanding Section 521.271, a driver's license
2-26     issued under this section, including a renewal, duplicate, or
2-27     corrected license, expires on the first birthday of the license
 3-1     holder occurring after the date of application, except that the
 3-2     initial license issued under this section expires on the second
 3-3     birthday of the license holder occurring after the date of
 3-4     application.  This subsection does not apply to:
 3-5                 (1)  a provisional license;
 3-6                 (2)  an instruction permit issued under Section
 3-7     521.222; or
 3-8                 (3)  a hardship license issued under Section 521.223.
 3-9           SECTION 5. Section 521.274, Transportation Code, as amended
3-10     by Chapters 1189 and 1401, Acts of the 76th Legislature, Regular
3-11     Session, 1999, is amended to read as follows:
3-12           Sec. 521.274.  RENEWAL BY MAIL OR ELECTRONIC MEANS. (a) The
3-13     department by rule may provide that the holder of a driver's
3-14     license may renew the license by mail, by telephone, over the
3-15     Internet, or by other electronic means.
3-16           (b)  A rule adopted under this section:
3-17                 (1)  may prescribe eligibility standards for renewal
3-18     under this section; and
3-19                 (2)  may not permit a person subject to the
3-20     registration requirements under Chapter 62, Code of Criminal
3-21     Procedure, to register by mail or electronic means.
3-22           [(b)  A rule adopted under this subsection may not permit
3-23     renewal by mail of:]
3-24                 [(1)  a provisional license;]
3-25                 [(2)  an occupational license; or]
3-26                 [(3)  a driver's license if the license holder's:]
3-27                       [(A)  driving record as maintained by the
 4-1     department shows that the holder, within the four years preceding
 4-2     the date of the renewal application, has been convicted of:]
 4-3                             [(i)  a moving violation, as defined by
 4-4     department rule, in this state; or]
 4-5                             [(ii)  an offense described by Subchapter
 4-6     O; or]
 4-7                       [(B)  driver's license record or personal
 4-8     identification certificate record indicates that the holder is
 4-9     subject to the registration requirements of Chapter 62, Code of
4-10     Criminal Procedure, as added by Chapter 668, Acts of the 75th
4-11     Legislature, Regular Session, 1997.]
4-12           SECTION 6. Section 521.421, Transportation Code, is amended
4-13     by adding Subsection (h) to read as follows:
4-14           (h)  The fee for issuance or renewal of a driver's license, a
4-15     provisional license, an instruction permit, or a hardship license
4-16     issued to a person subject to the registration requirements under
4-17     Chapter 62, Code of Criminal Procedure, is $20.
4-18           SECTION 7. Section 521.422(a), Transportation Code, is
4-19     amended to read as follows:
4-20           (a)  The fee for a personal identification certificate is:
4-21                 (1)  $15 for a person under 60 years of age; [and]
4-22                 (2)  $5 for a person 60 years of age or older; and
4-23                 (3)  $20 for a person subject to the registration
4-24     requirements under Chapter 62, Code of Criminal Procedure.
4-25           SECTION 8. Section 521.426, Transportation Code, is amended
4-26     by amending Subsection (a)  and adding Subsection (c) to read as
4-27     follows:
 5-1           (a)  Except as provided by Subsection (c), a [A] veteran of
 5-2     service in the armed forces of the United States is exempt from the
 5-3     payment of fees under this chapter for the issuance of a driver's
 5-4     license if the veteran:
 5-5                 (1)  was honorably discharged;
 5-6                 (2)  has a service-related disability of at least 60
 5-7     percent; and
 5-8                 (3)  receives compensation from the United States
 5-9     because of the disability.
5-10           (c)  Subsection (a) does not apply to a person subject to the
5-11     registration requirements of Chapter 62, Code of Criminal
5-12     Procedure.
5-13           SECTION 9. Section 522.029, Transportation Code, is amended
5-14     by amending Subsection (a)  and adding Subsection (h) to read as
5-15     follows:
5-16           (a)  The fee for a commercial driver's license or commercial
5-17     driver learner's permit issued by the department is $60, except as
5-18     provided by Subsections [Subsection] (f) and (h).
5-19           (h)  The fee for a commercial driver's license or commercial
5-20     driver learner's permit issued under Section 522.033 is $20.
5-21           SECTION 10. Subchapter C, Chapter 522, Transportation Code,
5-22     is amended by adding Section 522.033 to read as follows:
5-23           Sec. 522.033.  COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
5-24     SEX OFFENDERS. (a)  The department may issue an original or renewal
5-25     commercial driver's license or commercial driver learner's permit
5-26     to a person whose driver's license or personal identification
5-27     certificate record indicates that the person is subject to the
 6-1     registration requirements of Chapter 62, Code of Criminal
 6-2     Procedure, only if the person is otherwise eligible for the
 6-3     commercial driver's license or commercial driver learner's permit
 6-4     and:
 6-5                 (1)  applies in person for the issuance of a license or
 6-6     permit under this section; and
 6-7                 (2)  pays a fee of $20.
 6-8           (b)  Notwithstanding Section 522.051, a commercial driver's
 6-9     license or commercial driver learner's permit issued under this
6-10     section, including a renewal, duplicate, or corrected license,
6-11     expires on the first birthday of the license holder occurring after
6-12     the date of application, except that the initial license issued
6-13     under this section expires on the second birthday of the license
6-14     holder occurring after the date of application.
6-15           SECTION 11. Section 522.051(a), Transportation Code, is
6-16     amended to read as follows:
6-17           (a)  Except as provided by Section 522.033, an [An] original
6-18     commercial driver's license or commercial driver learner's permit
6-19     expires six years after the applicant's next birthday.
6-20           SECTION 12. Section 522.052, Transportation Code, is amended
6-21     by amending Subsection (a)  and adding Subsection (g) to read as
6-22     follows:
6-23           (a)  Except as provided by Subsection (g), a [A] commercial
6-24     driver's license issued by the department may be renewed in the
6-25     year preceding the expiration date.
6-26           (g)  A commercial driver's license issued under Section
6-27     522.033 may not be renewed before the 60th day preceding the
 7-1     expiration date.
 7-2           SECTION 13. This Act takes effect September 1, 2001, and
 7-3     applies only to a license, permit, or identification certificate
 7-4     issued or renewed by the Department of Public Safety on or after
 7-5     that date. A license, permit, or identification certificate issued
 7-6     or renewed before the effective date of this Act is covered by the
 7-7     law in effect on the date the license, permit, or certificate was
 7-8     issued, and the former law is continued in effect for that purpose.