1-1 By: Armbrister S.B. No. 1325
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1325 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a license or permit for certain sex offenders to
1-11 operate a motor vehicle or commercial motor vehicle.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Article 62.065, Code of Criminal
1-14 Procedure, is amended to read as follows:
1-15 (a) A person subject to registration under this chapter
1-16 shall apply to the department in person for the issuance of, as
1-17 applicable, an original or renewal driver's license under Section
1-18 521.272, Transportation Code, an original or renewal [or for a]
1-19 personal identification certificate under Section 521.103,
1-20 Transportation Code, or an original or renewal commercial driver's
1-21 license or commercial driver learner's permit under Section
1-22 522.033, Transportation Code, not later than the 30th day after the
1-23 date:
1-24 (1) the person is released from a penal institution or
1-25 is released by a court on juvenile probation or community
1-26 supervision; or
1-27 (2) the department sends written notice to the person
1-28 of the requirements of this article.
1-29 SECTION 2. Section 521.222, Transportation Code, is amended
1-30 by amending Subsection (e) and adding Subsection (f) to read as
1-31 follows:
1-32 (e) Except as provided by Subsection (f), an [An]
1-33 instruction permit is not required to include a photograph.
1-34 (f) The department may issue an instruction permit under
1-35 this section to a person who is subject to the registration
1-36 requirements under Chapter 62, Code of Criminal Procedure, and is
1-37 otherwise eligible for the permit. An instruction permit issued
1-38 under this subsection must include a photograph of the person.
1-39 SECTION 3. Section 521.223, Transportation Code, is amended
1-40 by adding Subsection (g) to read as follows:
1-41 (g) The department may issue a hardship license to a person
1-42 who is subject to the registration requirements under Chapter 62,
1-43 Code of Criminal Procedure, and is otherwise eligible for the
1-44 license. A hardship license issued under this section must include
1-45 a photograph of the person.
1-46 SECTION 4. Subsections (a) and (c), Section 521.272,
1-47 Transportation Code, are amended to read as follows:
1-48 (a) The department may issue an original or renewal driver's
1-49 license to a person whose driver's license or personal
1-50 identification certificate record indicates that the person is
1-51 subject to the registration requirements of Chapter 62, Code of
1-52 Criminal Procedure, [as added by Chapter 668, Acts of the 75th
1-53 Legislature, Regular Session, 1997,] only if the person:
1-54 (1) applies in person for the issuance of a license
1-55 under this section; and
1-56 (2) pays the [a] fee required by Section 521.421(h)
1-57 [of $20].
1-58 (c) Notwithstanding Section 521.271, a driver's license
1-59 issued under this section, including a renewal, duplicate, or
1-60 corrected license, expires on the first birthday of the license
1-61 holder occurring after the date of application, except that the
1-62 initial license issued under this section expires on the second
1-63 birthday of the license holder occurring after the date of
1-64 application. This subsection does not apply to:
2-1 (1) a provisional license;
2-2 (2) an instruction permit issued under Section
2-3 521.222; or
2-4 (3) a hardship license issued under Section 521.223.
2-5 SECTION 5. Section 521.274, Transportation Code, as amended
2-6 by Chapters 1189 and 1401, Acts of the 76th Legislature, Regular
2-7 Session, 1999, is amended to read as follows:
2-8 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS. (a) The
2-9 department by rule may provide that the holder of a driver's
2-10 license may renew the license by mail, by telephone, over the
2-11 Internet, or by other electronic means.
2-12 (b) A rule adopted under this section:
2-13 (1) may prescribe eligibility standards for renewal
2-14 under this section; and
2-15 (2) may not permit a person subject to the
2-16 registration requirements under Chapter 62, Code of Criminal
2-17 Procedure, to register by mail or electronic means.
2-18 [(b) A rule adopted under this subsection may not permit
2-19 renewal by mail of:]
2-20 [(1) a provisional license;]
2-21 [(2) an occupational license; or]
2-22 [(3) a driver's license if the license holder's:]
2-23 [(A) driving record as maintained by the
2-24 department shows that the holder, within the four years preceding
2-25 the date of the renewal application, has been convicted of:]
2-26 [(i) a moving violation, as defined by
2-27 department rule, in this state; or]
2-28 [(ii) an offense described by Subchapter
2-29 O; or]
2-30 [(B) driver's license record or personal
2-31 identification certificate record indicates that the holder is
2-32 subject to the registration requirements of Chapter 62, Code of
2-33 Criminal Procedure, as added by Chapter 668, Acts of the 75th
2-34 Legislature, Regular Session, 1997.]
2-35 SECTION 6. Section 521.421, Transportation Code, is amended
2-36 by adding Subsection (h) to read as follows:
2-37 (h) The fee for issuance or renewal of a driver's license, a
2-38 provisional license, an instruction permit, or a hardship license
2-39 issued to a person subject to the registration requirements under
2-40 Chapter 62, Code of Criminal Procedure, is $20.
2-41 SECTION 7. Subsection (a), Section 521.422, Transportation
2-42 Code, is amended to read as follows:
2-43 (a) The fee for a personal identification certificate is:
2-44 (1) $15 for a person under 60 years of age; [and]
2-45 (2) $5 for a person 60 years of age or older; and
2-46 (3) $20 for a person subject to the registration
2-47 requirements under Chapter 62, Code of Criminal Procedure.
2-48 SECTION 8. Section 521.426, Transportation Code, is amended
2-49 by amending Subsection (a) and adding Subsection (c) to read as
2-50 follows:
2-51 (a) Except as provided by Subsection (c), a [A] veteran of
2-52 service in the armed forces of the United States is exempt from the
2-53 payment of fees under this chapter for the issuance of a driver's
2-54 license if the veteran:
2-55 (1) was honorably discharged;
2-56 (2) has a service-related disability of at least 60
2-57 percent; and
2-58 (3) receives compensation from the United States
2-59 because of the disability.
2-60 (c) Subsection (a) does not apply to a person subject to the
2-61 registration requirements of Chapter 62, Code of Criminal
2-62 Procedure.
2-63 SECTION 9. Section 522.029, Transportation Code, is amended
2-64 by amending Subsection (a) and adding Subsection (h) to read as
2-65 follows:
2-66 (a) The fee for a commercial driver's license or commercial
2-67 driver learner's permit issued by the department is $60, except as
2-68 provided by Subsections [Subsection] (f) and (h).
2-69 (h) The fee for a commercial driver's license or commercial
3-1 driver learner's permit issued under Section 522.033 is $20.
3-2 SECTION 10. Subchapter C, Chapter 522, Transportation Code,
3-3 is amended by adding Section 522.033 to read as follows:
3-4 Sec. 522.033. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
3-5 SEX OFFENDERS. (a) The department may issue an original or
3-6 renewal commercial driver's license or commercial driver learner's
3-7 permit to a person whose driver's license or personal
3-8 identification certificate record indicates that the person is
3-9 subject to the registration requirements of Chapter 62, Code of
3-10 Criminal Procedure, only if the person is otherwise eligible for
3-11 the commercial driver's license or commercial driver learner's
3-12 permit and:
3-13 (1) applies in person for the issuance of a license or
3-14 permit under this section; and
3-15 (2) pays a fee of $20.
3-16 (b) Notwithstanding Section 522.051, a commercial driver's
3-17 license or commercial driver learner's permit issued under this
3-18 section, including a renewal, duplicate, or corrected license,
3-19 expires on the first birthday of the license holder occurring after
3-20 the date of application, except that the initial license issued
3-21 under this section expires on the second birthday of the license
3-22 holder occurring after the date of application.
3-23 SECTION 11. Subsection (a), Section 522.051, Transportation
3-24 Code, is amended to read as follows:
3-25 (a) Except as provided by Section 522.033, an [An] original
3-26 commercial driver's license or commercial driver learner's permit
3-27 expires six years after the applicant's next birthday.
3-28 SECTION 12. Section 522.052, Transportation Code, is amended
3-29 by amending Subsection (a) and adding Subsection (g) to read as
3-30 follows:
3-31 (a) Except as provided by Subsection (g), a [A] commercial
3-32 driver's license issued by the department may be renewed in the
3-33 year preceding the expiration date.
3-34 (g) A commercial driver's license issued under Section
3-35 522.033 may not be renewed before the 60th day preceding the
3-36 expiration date.
3-37 SECTION 13. This Act takes effect September 1, 2001, and
3-38 applies only to a license, permit, or identification certificate
3-39 issued or renewed by the Department of Public Safety of the State
3-40 of Texas on or after that date. A license, permit, or
3-41 identification certificate issued or renewed before the effective
3-42 date of this Act is covered by the law in effect on the date the
3-43 license, permit, or certificate was issued, and the former law is
3-44 continued in effect for that purpose.
3-45 * * * * *