1-1 By: Grusendorf (Senate Sponsor - Armbrister) H.B. No. 2663
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Criminal Justice; May 4, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 4, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a license or permit for certain sex offenders to
1-9 operate a motor vehicle or commercial motor vehicle.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 62.065(a), Code of Criminal Procedure, is
1-12 amended to read as follows:
1-13 (a) A person subject to registration under this chapter
1-14 shall apply to the department in person for the issuance of, as
1-15 applicable, an original or renewal driver's license under Section
1-16 521.272, Transportation Code, an original or renewal [or for a]
1-17 personal identification certificate under Section 521.103,
1-18 Transportation Code, or an original or renewal commercial driver's
1-19 license or commercial driver learner's permit under Section
1-20 522.033, Transportation Code, not later than the 30th day after the
1-21 date:
1-22 (1) the person is released from a penal institution or
1-23 is released by a court on juvenile probation or community
1-24 supervision; or
1-25 (2) the department sends written notice to the person
1-26 of the requirements of this article.
1-27 SECTION 2. Section 521.222, Transportation Code, is amended
1-28 by amending Subsection (e) and adding Subsection (f) to read as
1-29 follows:
1-30 (e) Except as provided by Subsection (f), an [An]
1-31 instruction permit is not required to include a photograph.
1-32 (f) The department may issue an instruction permit under
1-33 this section to a person who is subject to the registration
1-34 requirements under Chapter 62, Code of Criminal Procedure, and is
1-35 otherwise eligible for the permit. An instruction permit issued
1-36 under this subsection must include a photograph of the person.
1-37 SECTION 3. Section 521.223, Transportation Code, is amended
1-38 by adding Subsection (g) to read as follows:
1-39 (g) The department may issue a hardship license to a person
1-40 who is subject to the registration requirements under Chapter 62,
1-41 Code of Criminal Procedure, and is otherwise eligible for the
1-42 license. A hardship license issued under this section must include
1-43 a photograph of the person.
1-44 SECTION 4. Sections 521.272(a) and (c), Transportation Code,
1-45 are amended to read as follows:
1-46 (a) The department may issue an original or renewal driver's
1-47 license to a person whose driver's license or personal
1-48 identification certificate record indicates that the person is
1-49 subject to the registration requirements of Chapter 62, Code of
1-50 Criminal Procedure, [as added by Chapter 668, Acts of the 75th
1-51 Legislature, Regular Session, 1997,] only if the person:
1-52 (1) applies in person for the issuance of a license
1-53 under this section; and
1-54 (2) pays the [a] fee required by Section 521.421(h)
1-55 [of $20].
1-56 (c) Notwithstanding Section 521.271, a driver's license
1-57 issued under this section, including a renewal, duplicate, or
1-58 corrected license, expires on the first birthday of the license
1-59 holder occurring after the date of application, except that the
1-60 initial license issued under this section expires on the second
1-61 birthday of the license holder occurring after the date of
1-62 application. This subsection does not apply to:
1-63 (1) a provisional license;
1-64 (2) an instruction permit issued under Section
2-1 521.222; or
2-2 (3) a hardship license issued under Section 521.223.
2-3 SECTION 5. Section 521.274, Transportation Code, as amended
2-4 by Chapters 1189 and 1401, Acts of the 76th Legislature, Regular
2-5 Session, 1999, is amended to read as follows:
2-6 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS. (a) The
2-7 department by rule may provide that the holder of a driver's
2-8 license may renew the license by mail, by telephone, over the
2-9 Internet, or by other electronic means.
2-10 (b) A rule adopted under this section:
2-11 (1) may prescribe eligibility standards for renewal
2-12 under this section; and
2-13 (2) may not permit a person subject to the
2-14 registration requirements under Chapter 62, Code of Criminal
2-15 Procedure, to register by mail or electronic means.
2-16 [(b) A rule adopted under this subsection may not permit
2-17 renewal by mail of:]
2-18 [(1) a provisional license;]
2-19 [(2) an occupational license; or]
2-20 [(3) a driver's license if the license holder's:]
2-21 [(A) driving record as maintained by the
2-22 department shows that the holder, within the four years preceding
2-23 the date of the renewal application, has been convicted of:]
2-24 [(i) a moving violation, as defined by
2-25 department rule, in this state; or]
2-26 [(ii) an offense described by Subchapter
2-27 O; or]
2-28 [(B) driver's license record or personal
2-29 identification certificate record indicates that the holder is
2-30 subject to the registration requirements of Chapter 62, Code of
2-31 Criminal Procedure, as added by Chapter 668, Acts of the 75th
2-32 Legislature, Regular Session, 1997.]
2-33 SECTION 6. Section 521.421, Transportation Code, is amended
2-34 by adding Subsection (h) to read as follows:
2-35 (h) The fee for issuance or renewal of a driver's license, a
2-36 provisional license, an instruction permit, or a hardship license
2-37 issued to a person subject to the registration requirements under
2-38 Chapter 62, Code of Criminal Procedure, is $20.
2-39 SECTION 7. Section 521.422(a), Transportation Code, is
2-40 amended to read as follows:
2-41 (a) The fee for a personal identification certificate is:
2-42 (1) $15 for a person under 60 years of age; [and]
2-43 (2) $5 for a person 60 years of age or older; and
2-44 (3) $20 for a person subject to the registration
2-45 requirements under Chapter 62, Code of Criminal Procedure.
2-46 SECTION 8. Section 521.426, Transportation Code, is amended
2-47 by amending Subsection (a) and adding Subsection (c) to read as
2-48 follows:
2-49 (a) Except as provided by Subsection (c), a [A] veteran of
2-50 service in the armed forces of the United States is exempt from the
2-51 payment of fees under this chapter for the issuance of a driver's
2-52 license if the veteran:
2-53 (1) was honorably discharged;
2-54 (2) has a service-related disability of at least 60
2-55 percent; and
2-56 (3) receives compensation from the United States
2-57 because of the disability.
2-58 (c) Subsection (a) does not apply to a person subject to the
2-59 registration requirements of Chapter 62, Code of Criminal
2-60 Procedure.
2-61 SECTION 9. Section 522.029, Transportation Code, is amended
2-62 by amending Subsection (a) and adding Subsection (h) to read as
2-63 follows:
2-64 (a) The fee for a commercial driver's license or commercial
2-65 driver learner's permit issued by the department is $60, except as
2-66 provided by Subsections [Subsection] (f) and (h).
2-67 (h) The fee for a commercial driver's license or commercial
2-68 driver learner's permit issued under Section 522.033 is $20.
2-69 SECTION 10. Subchapter C, Chapter 522, Transportation Code,
3-1 is amended by adding Section 522.033 to read as follows:
3-2 Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
3-3 SEX OFFENDERS. (a) The department may issue an original or renewal
3-4 commercial driver's license or commercial driver learner's permit
3-5 to a person whose driver's license or personal identification
3-6 certificate record indicates that the person is subject to the
3-7 registration requirements of Chapter 62, Code of Criminal
3-8 Procedure, only if the person is otherwise eligible for the
3-9 commercial driver's license or commercial driver learner's permit
3-10 and:
3-11 (1) applies in person for the issuance of a license or
3-12 permit under this section; and
3-13 (2) pays a fee of $20.
3-14 (b) Notwithstanding Section 522.051, a commercial driver's
3-15 license or commercial driver learner's permit issued under this
3-16 section, including a renewal, duplicate, or corrected license,
3-17 expires on the first birthday of the license holder occurring after
3-18 the date of application, except that the initial license issued
3-19 under this section expires on the second birthday of the license
3-20 holder occurring after the date of application.
3-21 SECTION 11. Section 522.051(a), Transportation Code, is
3-22 amended to read as follows:
3-23 (a) Except as provided by Section 522.033, an [An] original
3-24 commercial driver's license or commercial driver learner's permit
3-25 expires six years after the applicant's next birthday.
3-26 SECTION 12. Section 522.052, Transportation Code, is amended
3-27 by amending Subsection (a) and adding Subsection (g) to read as
3-28 follows:
3-29 (a) Except as provided by Subsection (g), a [A] commercial
3-30 driver's license issued by the department may be renewed in the
3-31 year preceding the expiration date.
3-32 (g) A commercial driver's license issued under Section
3-33 522.033 may not be renewed before the 60th day preceding the
3-34 expiration date.
3-35 SECTION 13. This Act takes effect September 1, 2001, and
3-36 applies only to a license, permit, or identification certificate
3-37 issued or renewed by the Department of Public Safety on or after
3-38 that date. A license, permit, or identification certificate issued
3-39 or renewed before the effective date of this Act is covered by the
3-40 law in effect on the date the license, permit, or certificate was
3-41 issued, and the former law is continued in effect for that purpose.
3-42 * * * * *