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                                  * * * * *