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79R4490 JD-D

By:  Martinez Fischer                                             H.B. No. 859



A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a certificate for driving by the 
Department of Public Safety.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 521.001(3), Transportation Code, is 
amended to read as follows:
		(3)  "Driver's license" means an authorization issued 
by the department for the operation of a motor vehicle.  The term 
includes:
			(A)  a temporary license or instruction permit; 
[and]     
			(B)  an occupational license; and                                     
			(C)  a certificate for driving.                                       
	SECTION 2.  Section 521.083, Transportation Code, is amended 
to read as follows:
	Sec. 521.083.  CLASS C LICENSE; CERTIFICATE FOR DRIVING.  A 
Class C driver's license or a certificate for driving authorizes 
the holder of the license or certificate to operate:
		(1)  a vehicle or combination of vehicles not described 
by Section 521.081 or 521.082; and
		(2)  a vehicle with a gross vehicle weight rating of 
less than 26,001 pounds towing a farm trailer with a gross vehicle 
weight rating that is not more than 20,000 pounds.
	SECTION 3.  Subchapter E, Chapter 521, Transportation Code, 
is amended by adding Section 521.1031 to read as follows:
	Sec. 521.1031.  CERTIFICATE FOR DRIVING.  (a)  The 
department shall issue certificates for driving.
	(b)  A certificate for driving may be issued only to an 
applicant for an original license under Subchapter G who:
		(1)  cannot verify the person's identity by 
presentation of identity satisfactory to the department under 
Section 521.142(a) or a department rule adopted under that section;
		(2)  has satisfied all other requirements for an 
original license, including examination requirements, and is 
otherwise eligible for a license; and
		(3)  elects to apply for a certificate of driving.                     
	(c)  The department shall require each applicant for an 
original, renewal, or duplicate certificate for driving to furnish 
to the department the information otherwise required by Section 
521.142.
	(d)  A certificate for driving must be similar to, but 
clearly distinguishable in color from, any other type or class of 
driver's license and shall clearly display on its face, the words 
"FOR DRIVING PURPOSES ONLY -- NOT VALID FOR IDENTIFICATION".
	(e)  The department may cancel and require surrender of a 
certificate for driving on a determination that the holder was not 
entitled to the certificate or gave incorrect or incomplete 
information in the application for the certificate.
	(f)  The fee for issuance or renewal of a certificate for 
driving is the driver's license issuance fee prescribed by Section 
521.421(a).  The fee for a duplicate certificate for driving is the 
duplicate driver's license fee prescribed by Section 521.424(a).
	(g)  The department by rule may establish the number of years 
that a certificate for driving remains valid.  A rule may not 
provide that a certificate for driving expires before the second 
anniversary or later than the sixth anniversary of the date of 
issuance.
	(h)  Any other law that applies to a driver's license, or to 
the holder of a driver's license, applies to a certificate for 
driving or the holder of a certificate for driving, to the extent 
the other law can be made applicable.
	SECTION 4.  This Act takes effect September 1, 2005.