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                                  * * * * *