80R3940 ACP-F

By: Harper-Brown H.B. No. 931

A BILL TO BE ENTITLED

AN ACT

relating to the verification of legal presence in the United States of an applicant for a driver's license, personal identification certificate, or commercial driver's license.

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

SECTION 1. Section 521.101, Transportation Code, is amended by adding Subsection (d-1) and amending Subsection (f) to read as follows:

(d-1) Unless the information has been previously provided to the department, the department shall require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department the information required by Section 521.142(b)(5).

(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.

SECTION 2. Section 521.142, Transportation Code, is amended by amending Subsection (b) and adding Subsections (i) and (j) to read as follows:

(b) The application must include:

(1) the thumbprints of the applicant or, if thumbprints cannot be taken, the index fingerprints of the applicant;

(2) a photograph of the applicant;

(3) the signature of the applicant; [and]

(4) a brief description of the applicant; and

(5) proof of the applicant's United States citizenship or authorization to be in the United States.

(i) The department shall accept as proof of an applicant's United States citizenship:

(1) an original or certified copy of a birth certificate issued to the applicant that verifies United States citizenship as determined by department rule; or

(2) a valid United States passport issued to the applicant.

(j) 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 3. Section 521.1425, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Except as provided by Subsections (b) and (c) [Subsection (b)], the department may require each applicant for an original, renewal, or duplicate driver's license to furnish to the department the information required by Section 521.142.

(c) Unless the information has been previously provided to the department, the department shall require each applicant for a renewal or duplicate license to furnish to the department the information required by Section 521.142(b)(5).

SECTION 4. 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 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.

SECTION 5. 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 6. 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 7. 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 8. Section 522.021(a), Transportation Code, is amended 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);

(6) the information required by Section 521.142(b)(5); and

(7) [(6)] any other information required by the department.

SECTION 9. 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), (h), and (j) [(h)].

(j) 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 10. 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 five years after the applicant's next birthday.

SECTION 11. 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 12. Section 522.052, Transportation Code, is amended by adding Subsection (h) to read as follows:

(h) Unless the information has been previously provided to the department, the department shall require each applicant for a renewal or duplicate commercial driver's license to furnish to the department the information required by Section 521.142(b)(5).

SECTION 13. The change in law made by this Act applies only to an original, renewal, or duplicate 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 14. This Act takes effect September 1, 2007.