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78R6201 JRJ-D
By: Smith of Tarrant H.B. No. 1845
A BILL TO BE ENTITLED
AN ACT
relating to the expiration and appearance of a driver's license,
identification certificate, or commercial driver's license or
permit issued to a person who is not a citizen of the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.101, Transportation Code, is amended
by amending Subsection (f) and adding Subsection (j) to read as
follows:
(f) A certificate expires on a date specified by the
department, except that:
(1) a certificate issued to a person 60 years of age or
older, other than a person described by Subdivision (2), does not
expire; and
(2) a certificate issued to a person who is not a
citizen of the United States expires on a date corresponding to the
end of the period of legal stay as indicated by documentation issued
by the federal agency responsible for citizenship and immigration.
(j) The department shall indicate "NONCITIZEN" on the face
of a personal identification certificate issued to a person who is
not a citizen of the United States.
SECTION 2. Subchapter F, Chapter 521, Transportation Code,
is amended by adding Section 521.127 to read as follows:
Sec. 521.127. DESIGNATOR ON LICENSE ISSUED TO A NONCITIZEN.
The department shall indicate "NONCITIZEN" on the face of a license
held by a person who is not a citizen of the United States.
SECTION 3. Section 521.142, Transportation Code, is amended
by adding Subsection (h) to read as follows:
(h) An applicant who is not a citizen of the United States
must present to the department documentation issued by the federal
agency responsible for citizenship and immigration authorizing the
applicant to be in the United States.
SECTION 4. Section 521.1425(b), Transportation Code, is
amended to read as follows:
(b) The department shall require each applicant for an
original, renewal, or duplicate driver's license to furnish to the
department the information required by Sections 521.142(c)(7) and
(8) and (h).
SECTION 5. Section 521.271(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 521.2715, each [Each]
original driver's license and provisional license expires as
follows:
(1) a driver's license expires on the first birthday of
the license holder occurring after the sixth anniversary of the
date of the application;
(2) a provisional license expires on the earlier of:
(A) the 18th birthday of the license holder; or
(B) the first birthday of the license holder
occurring after the date of the application;
(3) an instruction permit expires on the first
birthday of the license holder occurring after the date of the
application; and
(4) an occupational license expires on the first
anniversary of the court order granting the license.
SECTION 6. Subchapter M, Chapter 521, Transportation Code,
is amended by adding Section 521.2715 to read as follows:
Sec. 521.2715. LICENSE EXPIRATION: NONCITIZENS. A
driver's license held by a person who is not a citizen of the United
States, including a renewal, duplicate, or corrected license,
expires on the earlier of:
(1) the date specified in Section 521.271; or
(2) the date corresponding to the end of the period of
legal stay as indicated by documentation issued by the federal
agency responsible for citizenship and immigration.
SECTION 7. Section 521.421, Transportation Code, is amended
by adding Subsection (k) to read as follows:
(k) If a driver's license issued to a person who is not a
citizen of the United States expires before the date specified in
Section 521.271, the department shall prorate the fee according to
the number of years the license is to be in effect.
SECTION 8. Section 521.422(a), Transportation Code, is
amended to read as follows:
(a) The fee for a personal identification certificate is:
(1) $15 for a person under 60 years of age;
(2) $5 for a person 60 years of age or older; [and]
(3) $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure; and
(4) for a certificate issued to a person under Section
521.101(f)(2), the lesser of:
(A) $3 for each year the certificate is valid; or
(B) $15.
SECTION 9. Section 522.021, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) An application for a commercial driver's license or
commercial driver learner's permit must include:
(1) the full name and current residence and mailing
address of the applicant;
(2) a physical description of the applicant, including
sex, height, and eye color;
(3) the applicant's date of birth;
(4) the applicant's social security number, unless the
application is for a nonresident commercial driver's license and
the applicant is a resident of a foreign jurisdiction;
(5) certifications, including those required by 49
C.F.R. Section 383.71(a); [and]
(6) a statement as to whether the applicant is a
citizen of the United States; and
(7) any other information required by the department.
(e) An applicant who is not a citizen of the United States
must present to the department documentation issued by the federal
agency responsible for citizenship and immigration authorizing the
applicant to be in the United States.
SECTION 10. Section 522.029, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (i) to
read as follows:
(a) The fee for a commercial driver's license or commercial
driver learner's permit issued by the department is $60, except as
provided by Subsections (f), (h), and (i) [(h)].
(i) If a commercial driver's license or commercial driver
learner's permit issued to a person who is not a citizen of the
United States expires before the date specified in Section 522.051,
the department shall prorate the fee according to the number of
years the license or permit is to be in effect.
SECTION 11. Section 522.030, Transportation Code, is
amended to read as follows:
Sec. 522.030. CONTENT OF LICENSE. A commercial driver's
license must:
(1) be marked "Commercial Driver License" or "CDL";
(2) be, to the extent practicable, tamper-proof; [and]
(3) include:
(A) the name and mailing address of the person to
whom it is issued;
(B) the person's color photograph;
(C) a physical description of the person,
including sex, height, and eye color;
(D) the person's date of birth;
(E) a number or identifier the department
considers appropriate;
(F) the person's signature;
(G) each class of commercial motor vehicle that
the person is authorized to drive, with any endorsements or
restrictions;
(H) the name of this state; and
(I) the dates between which the license is valid;
and
(4) if the person is not a citizen of the United
States, be marked "NONCITIZEN" on the face of the license.
SECTION 12. Section 522.051(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Sections [Section] 522.033 and
522.0515, an original commercial driver's license or commercial
driver learner's permit expires six years after the applicant's
next birthday.
SECTION 13. Subchapter E, Chapter 522, Transportation Code,
is amended by adding Section 522.0515 to read as follows:
Sec. 522.0515. EXPIRATION OF LICENSE OR PERMIT:
NONCITIZENS. A commercial driver's license or commercial driver
learner's permit held by a person who is not a citizen of the United
States, including a renewal, duplicate, or corrected license,
expires on the earlier of:
(1) the date specified in Section 522.051 or 522.052;
or
(2) the date corresponding to the end of the period of
legal stay as indicated by documentation issued by the federal
agency responsible for citizenship and immigration.
SECTION 14. Section 522.052, Transportation Code, is
amended by adding Subsection (h) to read as follows:
(h) The department shall require each applicant to furnish
to the department the information required by Sections
522.021(a)(6) and (e) for a:
(1) renewal, duplicate, or corrected commercial
driver's license; or
(2) duplicate or corrected commercial driver learner's
permit.
SECTION 15. The change in law made by this Act applies only
to an original or renewal application for a driver's license,
personal identification certificate, commercial driver's license,
or commercial driver learner's permit submitted on or after the
effective date of this Act.
SECTION 16. This Act takes effect September 1, 2003.