By: Branch, Harless, Goolsby (Senate Sponsor-Carona) H.B. No. 84

(In the Senate - Received from the House March 19, 2007; March 29, 2007, read first time and referred to Committee on Transportation and Homeland Security; April 12, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 12, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 84 By: Carona

A BILL TO BE ENTITLED

AN ACT

relating to issuance and renewal of a driver's license of an elderly person.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as "Katie's Law."

SECTION 2. Section 521.271, Transportation Code, is amended to read as follows:

Sec. 521.271. LICENSE EXPIRATION. (a) Each original driver's license and provisional license expires as follows:

(1) except as provided by Section 521.2711, 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 second 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.

(b) Except as provided by Section 521.2711, a [A] driver's license that is renewed expires on the sixth anniversary of the expiration date before renewal.

SECTION 3. Subchapter M, Chapter 521, Transportation Code, is amended by adding Section 521.2711 to read as follows:

Sec. 521.2711. LICENSE EXPIRATION: PERSON AT LEAST 85 YEARS OF AGE. (a) Each original driver's license of a person 85 years of age or older expires on the license holder's second birthday after the date of the license application.

(b) A driver's license of a person 85 years of age or older that is renewed expires on the second anniversary of the expiration date before renewal.

SECTION 4. Section 521.274(b), Transportation Code, is amended to read as follows:

(b) A rule adopted under this section:

(1) may prescribe eligibility standards for renewal under this section; [and]

(2) may not permit a person subject to the registration requirements under Chapter 62, Code of Criminal Procedure, to register by mail or electronic means; and

(3) may not permit renewal by mail or electronic means of a driver's license of a person who is 79 years of age or older.

SECTION 5. Section 521.421, Transportation Code, is amended by adding Subsection (i) to read as follows:

(i) The fee for issuance or renewal of a driver's license is $8 for a license with an expiration date established under Section 521.2711.

SECTION 6. Section 522.029, Transportation Code, is amended by amending Subsection (a) and adding Subsection (j) 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), [and] (h), and (j).

(j) The fee for issuance or renewal of a commercial driver's license or commercial driver learner's permit is $25 for a license with an expiration date established under Section 522.054.

SECTION 7. Sections 522.051(a), (b), (c), and (d), Transportation Code, are amended to read as follows:

(a) Except as provided by Sections [Section] 522.033 and 522.054, an original commercial driver's license or commercial driver learner's permit expires five years after the applicant's next birthday.

(b) Except as provided by Section 522.054, a [A] commercial driver's license or commercial driver learner's permit issued to a person holding a Texas Class A, B, C, or M license that would expire one year or more after the date of issuance of the commercial driver's license or commercial driver learner's permit expires five years after the applicant's next birthday.

(c) Except as provided by Section 522.054, a [A] commercial driver's license or commercial driver learner's permit issued to a person holding a Texas Class A, B, C, or M license that would expire less than one year after the date of issuance of the commercial driver's license or commercial driver learner's permit or that has been expired for less than one year expires five years after the expiration date shown on the Class A, B, C, or M license.

(d) Except as provided by Section 522.054, a [A] commercial driver's license or commercial driver learner's permit issued to a person holding a Texas Class A, B, C, or M license that has been expired for at least one year but not more than two years expires five years after the applicant's last birthday.

SECTION 8. Sections 522.052(b), (c), and (g), Transportation Code, are amended to read as follows:

(b) Except as provided by Section 522.054, a [A] renewal of a commercial driver's license that has been expired for less than one year expires five years after the expiration date shown on the commercial driver's license.

(c) Except as provided by Section 522.054, a [A] renewal of a commercial driver's license that has been expired for at least one year but not more than two years expires six years after the applicant's last birthday.

(g) A commercial driver's license issued under Section 522.033 or to which Section 522.054 applies may not be renewed before the 60th day preceding the expiration date.

SECTION 9. Subchapter E, Chapter 522, Transportation Code, is amended by adding Section 522.054 to read as follows:

Sec. 522.054. LICENSE EXPIRATION: PERSON AT LEAST 85 YEARS OF AGE. (a) Each original commercial driver's license and commercial driver learner's permit of a person 85 years of age or older expires on the license holder's second birthday after the date of the license application.

(b) A commercial driver's license of a person 85 years of age or older that is renewed expires on the second anniversary of the expiration date before renewal.

SECTION 10. The change in law made by this Act applies only to a driver's license, commercial driver's license, or commercial driver learner's permit issued or renewed on or after the effective date of this Act.

SECTION 11. This Act takes effect September 1, 2007.

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