By Grusendorf H.B. No. 2663
77R7252 JAT-F
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. Section 521.272(c), Transportation Code, is
2-15 amended to read as follows:
2-16 (c) Notwithstanding Section 521.271, a driver's license
2-17 issued under this section, including a renewal, duplicate, or
2-18 corrected license, expires on the first birthday of the license
2-19 holder occurring after the date of application, except that the
2-20 initial license issued under this section expires on the second
2-21 birthday of the license holder occurring after the date of
2-22 application. This subsection does not apply to:
2-23 (1) a provisional license;
2-24 (2) an instruction permit issued under Section
2-25 521.222; or
2-26 (3) a hardship license issued under Section 521.223.
2-27 SECTION 5. Section 521.274, Transportation Code, as amended
3-1 by Chapters 1189 and 1401, Acts of the 76th Legislature, Regular
3-2 Session, 1999, is amended to read as follows:
3-3 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS. (a) The
3-4 department by rule may provide that the holder of a driver's
3-5 license may renew the license by mail, by telephone, over the
3-6 Internet, or by other electronic means.
3-7 (b) A rule adopted under this section:
3-8 (1) may prescribe eligibility standards for renewal
3-9 under this section; and
3-10 (2) may not permit a person subject to the
3-11 registration requirements under Chapter 62, Code of Criminal
3-12 Procedure, to register by mail or electronic means.
3-13 [(b) A rule adopted under this subsection may not permit
3-14 renewal by mail of:]
3-15 [(1) a provisional license;]
3-16 [(2) an occupational license; or]
3-17 [(3) a driver's license if the license holder's:]
3-18 [(A) driving record as maintained by the
3-19 department shows that the holder, within the four years preceding
3-20 the date of the renewal application, has been convicted of:]
3-21 [(i) a moving violation, as defined by
3-22 department rule, in this state; or]
3-23 [(ii) an offense described by Subchapter
3-24 O; or]
3-25 [(B) driver's license record or personal
3-26 identification certificate record indicates that the holder is
3-27 subject to the registration requirements of Chapter 62, Code of
4-1 Criminal Procedure, as added by Chapter 668, Acts of the 75th
4-2 Legislature, Regular Session, 1997.]
4-3 SECTION 6. Section 521.421, Transportation Code, is amended
4-4 by adding Subsection (h) to read as follows:
4-5 (h) The fee for issuance or renewal of an instruction permit
4-6 under Section 521.222 or a hardship license under Section 521.223,
4-7 issued to a person subject to the registration requirements under
4-8 Chapter 62, Code of Criminal Procedure, is $20.
4-9 SECTION 7. Section 521.426, Transportation Code, is amended
4-10 by amending Subsection (a) and adding Subsection (c) to read as
4-11 follows:
4-12 (a) Except as provided by Subsection (c), a [A] veteran of
4-13 service in the armed forces of the United States is exempt from the
4-14 payment of fees under this chapter for the issuance of a driver's
4-15 license if the veteran:
4-16 (1) was honorably discharged;
4-17 (2) has a service-related disability of at least 60
4-18 percent; and
4-19 (3) receives compensation from the United States
4-20 because of the disability.
4-21 (c) Subsection (a) does not apply to a person subject to the
4-22 registration requirements of Chapter 62, Code of Criminal
4-23 Procedure.
4-24 SECTION 8. Section 522.029, Transportation Code, is amended
4-25 by amending Subsection (a) and adding Subsection (h) to read as
4-26 follows:
4-27 (a) The fee for a commercial driver's license or commercial
5-1 driver learner's permit issued by the department is $60, except as
5-2 provided by Subsections [Subsection] (f) and (h).
5-3 (h) The fee for a commercial driver's license or commercial
5-4 driver learner's permit issued under Section 522.033 is $20.
5-5 SECTION 9. Subchapter C, Chapter 522, Transportation Code, is
5-6 amended by adding Section 522.033 to read as follows:
5-7 Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
5-8 SEX OFFENDERS. (a) The department may issue an original or renewal
5-9 commercial driver's license or commercial driver learner's permit
5-10 to a person whose driver's license or personal identification
5-11 certificate record indicates that the person is subject to the
5-12 registration requirements of Chapter 62, Code of Criminal
5-13 Procedure, as added by Chapter 668, Acts of the 75th Legislature,
5-14 Regular Session, 1997, only if the person is otherwise eligible for
5-15 the commercial driver's license or commercial driver learner's
5-16 permit and:
5-17 (1) applies in person for the issuance of a license or
5-18 permit under this section; and
5-19 (2) pays a fee of $20.
5-20 (b) Notwithstanding Section 522.051, a commercial driver's
5-21 license or commercial driver learner's permit issued under this
5-22 section, including a renewal, duplicate, or corrected license,
5-23 expires on the first birthday of the license holder occurring after
5-24 the date of application, except that the initial license issued
5-25 under this section expires on the second birthday of the license
5-26 holder occurring after the date of application.
5-27 SECTION 10. Section 522.052, Transportation Code, is amended
6-1 by amending Subsection (a) and adding Subsection (g) to read as
6-2 follows:
6-3 (a) Except as provided by Subsection (g), a [A] commercial
6-4 driver's license issued by the department may be renewed in the
6-5 year preceding the expiration date.
6-6 (g) A commercial driver's license issued under Section
6-7 522.033 may not be renewed before the 60th day preceding the
6-8 expiration date.
6-9 SECTION 11. This Act takes effect September 1, 2001, and
6-10 applies only to a license or permit issued or renewed on or after
6-11 that date. A license or permit issued or renewed before the
6-12 effective date of this Act is covered by the law in effect on the
6-13 date the license was issued, and the former law is continued in
6-14 effect for that purpose.