By:  Armbrister                                       S.B. No. 1325
                                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.  Subsection (a), Article 62.065, Code of Criminal
 1-6     Procedure, is 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]
1-25     instruction permit is not required to include a photograph.
 2-1           (f)  The department may issue an instruction permit under
 2-2     this section to a person who is subject to the registration
 2-3     requirements under Chapter 62, Code of Criminal Procedure, and is
 2-4     otherwise eligible for the permit.  An instruction permit issued
 2-5     under this subsection must include a photograph of the person.
 2-6           SECTION 3.  Section 521.223, Transportation Code, is amended
 2-7     by adding Subsection (g) to read as follows:
 2-8           (g)  The department may issue a hardship license to a person
 2-9     who is subject to the registration requirements under Chapter 62,
2-10     Code of Criminal Procedure, and is otherwise eligible for the
2-11     license.  A hardship license issued under this section must include
2-12     a photograph of the person.
2-13           SECTION 4.  Subsections (a) and (c), Section 521.272,
2-14     Transportation Code, are amended to read as follows:
2-15           (a)  The department may issue an original or renewal driver's
2-16     license to a person whose driver's license or personal
2-17     identification certificate record indicates that the person is
2-18     subject to the registration requirements of Chapter 62, Code of
2-19     Criminal Procedure, [as added by Chapter 668, Acts of the 75th
2-20     Legislature, Regular Session, 1997,] 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
 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]
 4-1                 [(3)  a driver's license if the license holder's:]
 4-2                       [(A)  driving record as maintained by the
 4-3     department shows that the holder, within the four years preceding
 4-4     the date of the renewal application, has been convicted of:]
 4-5                             [(i)  a moving violation, as defined by
 4-6     department rule, in this state; or]
 4-7                             [(ii)  an offense described by Subchapter
 4-8     O; or]
 4-9                       [(B)  driver's license record or personal
4-10     identification certificate record indicates that the holder is
4-11     subject to the registration requirements of Chapter 62, Code of
4-12     Criminal Procedure, as added by Chapter 668, Acts of the 75th
4-13     Legislature, Regular Session, 1997.]
4-14           SECTION 6.  Section 521.421, Transportation Code, is amended
4-15     by adding Subsection (h) to read as follows:
4-16           (h)  The fee for issuance or renewal of a driver's license, a
4-17     provisional license, an instruction permit, or a hardship license
4-18     issued to a person subject to the registration requirements under
4-19     Chapter 62, Code of Criminal Procedure, is $20.
4-20           SECTION 7.  Subsection (a), Section 521.422, Transportation
4-21     Code, is amended to read as follows:
4-22           (a)  The fee for a personal identification certificate is:
4-23                 (1)  $15 for a person under 60 years of age; [and]
4-24                 (2)  $5 for a person 60 years of age or older; and
4-25                 (3)  $20 for a person subject to the registration
4-26     requirements under Chapter 62, Code of Criminal Procedure.
 5-1           SECTION 8.  Section 521.426, Transportation Code, is amended
 5-2     by amending Subsection (a)  and adding Subsection (c) to read as
 5-3     follows:
 5-4           (a)  Except as provided by Subsection (c), a [A] veteran of
 5-5     service in the armed forces of the United States is exempt from the
 5-6     payment of fees under this chapter for the issuance of a driver's
 5-7     license if the veteran:
 5-8                 (1)  was honorably discharged;
 5-9                 (2)  has a service-related disability of at least 60
5-10     percent; and
5-11                 (3)  receives compensation from the United States
5-12     because of the disability.
5-13           (c)  Subsection (a) does not apply to a person subject to the
5-14     registration requirements of Chapter 62, Code of Criminal
5-15     Procedure.
5-16           SECTION 9.  Section 522.029, Transportation Code, is amended
5-17     by amending Subsection (a)  and adding Subsection (h) to read as
5-18     follows:
5-19           (a)  The fee for a commercial driver's license or commercial
5-20     driver learner's permit issued by the department is $60, except as
5-21     provided by Subsections [Subsection] (f) and (h).
5-22           (h)  The fee for a commercial driver's license or commercial
5-23     driver learner's permit issued under Section 522.033 is $20.
5-24           SECTION 10.  Subchapter C, Chapter 522, Transportation Code,
5-25     is amended by adding Section 522.033 to read as follows:
5-26           Sec. 522.033.  COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
 6-1     SEX OFFENDERS.  (a)  The department may issue an original or
 6-2     renewal commercial driver's license or commercial driver learner's
 6-3     permit to a person whose driver's license or personal
 6-4     identification certificate record indicates that the person is
 6-5     subject to the registration requirements of Chapter 62, Code of
 6-6     Criminal Procedure, only if the person is otherwise eligible for
 6-7     the commercial driver's license or commercial driver learner's
 6-8     permit and:
 6-9                 (1)  applies in person for the issuance of a license or
6-10     permit under this section; and
6-11                 (2)  pays a fee of $20.
6-12           (b)  Notwithstanding Section 522.051, a commercial driver's
6-13     license or commercial driver learner's permit issued under this
6-14     section, including a renewal, duplicate, or corrected license,
6-15     expires on the first birthday of the license holder occurring after
6-16     the date of application, except that the initial license issued
6-17     under this section expires on the second birthday of the license
6-18     holder occurring after the date of application.
6-19           SECTION 11.  Subsection (a), Section 522.051, Transportation
6-20     Code, is amended to read as follows:
6-21           (a)  Except as provided by Section 522.033, an [An] original
6-22     commercial driver's license or commercial driver learner's permit
6-23     expires six years after the applicant's next birthday.
6-24           SECTION 12.  Section 522.052, Transportation Code, is amended
6-25     by amending Subsection (a)  and adding Subsection (g) to read as
6-26     follows:
 7-1           (a)  Except as provided by Subsection (g), a [A] commercial
 7-2     driver's license issued by the department may be renewed in the
 7-3     year preceding the expiration date.
 7-4           (g)  A commercial driver's license issued under Section
 7-5     522.033 may not be renewed before the 60th day preceding the
 7-6     expiration date.
 7-7           SECTION 13.  This Act takes effect September 1, 2001, and
 7-8     applies only to a license, permit, or identification certificate
 7-9     issued or renewed by the Department of Public Safety of the State
7-10     of Texas on or after that date.  A license, permit, or
7-11     identification certificate issued or renewed before the effective
7-12     date of this Act is covered by the law in effect on the date the
7-13     license, permit, or certificate was issued, and the former law is
7-14     continued in effect for that purpose.