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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of legal presence in the United States |
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of an applicant for a driver's license, personal identification |
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certificate, or commercial driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.101, Transportation Code, is amended |
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by adding Subsection (d-1) and amending Subsection (f) to read as |
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follows: |
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(d-1) Unless the information has been previously provided to |
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the department, the department shall require each applicant for an |
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original, renewal, or duplicate personal identification |
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certificate to furnish to the department the information required |
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by Section 521.142(b)(5). |
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(f) A certificate expires on a date specified by the |
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department, except that: |
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(1) a certificate issued to a person 60 years of age or |
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older, other than a person described by Subdivision (2), does not |
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expire; and |
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(2) a certificate issued to a person who is not a |
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citizen of the United States expires on a date corresponding to the |
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end of the period of legal stay as indicated by documentation issued |
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by the federal agency responsible for citizenship and immigration. |
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SECTION 2. Section 521.142, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (i) and (j) to |
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read as follows: |
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(b) The application must include: |
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(1) the thumbprints of the applicant or, if |
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thumbprints cannot be taken, the index fingerprints of the |
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applicant; |
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(2) a photograph of the applicant; |
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(3) the signature of the applicant; [and] |
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(4) a brief description of the applicant; and |
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(5) proof of the applicant's United States citizenship |
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or authorization to be in the United States. |
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(i) The department shall accept as proof of an applicant's |
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United States citizenship: |
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(1) an original or certified copy of a birth |
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certificate issued to the applicant that verifies United States |
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citizenship as determined by department rule; or |
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(2) a valid United States passport issued to the |
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applicant. |
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(j) An applicant who is not a citizen of the United States |
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must present to the department documentation issued by the federal |
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agency responsible for citizenship and immigration authorizing the |
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applicant to be in the United States. |
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SECTION 3. Section 521.1425, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (c) |
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[Subsection (b)], the department may require each applicant for an |
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original, renewal, or duplicate driver's license to furnish to the |
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department the information required by Section 521.142. |
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(c) Unless the information has been previously provided to |
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the department, the department shall require each applicant for a |
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renewal or duplicate license to furnish to the department the |
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information required by Section 521.142(b)(5). |
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SECTION 4. Section 521.271(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 521.2715, each [Each] |
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original driver's license and provisional license expires as |
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follows: |
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(1) a driver's license expires on the first birthday of |
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the license holder occurring after the sixth anniversary of the |
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date of the application; |
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(2) a provisional license expires on the earlier of: |
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(A) the 18th birthday of the license holder; or |
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(B) the first birthday of the license holder |
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occurring after the date of the application; |
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(3) an instruction permit expires on the second |
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birthday of the license holder occurring after the date of the |
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application; and |
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(4) an occupational license expires on the first |
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anniversary of the court order granting the license. |
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SECTION 5. Subchapter M, Chapter 521, Transportation Code, |
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is amended by adding Section 521.2715 to read as follows: |
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Sec. 521.2715. LICENSE EXPIRATION: NONCITIZENS. A |
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driver's license held by a person who is not a citizen of the United |
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States, including a renewal, duplicate, or corrected license, |
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expires on the earlier of: |
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(1) the date specified in Section 521.271; or |
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(2) the date corresponding to the end of the period of |
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legal stay as indicated by documentation issued by the federal |
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agency responsible for citizenship and immigration. |
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SECTION 6. Section 521.421, Transportation Code, is amended |
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by adding Subsection (k) to read as follows: |
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(k) If a driver's license issued to a person who is not a |
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citizen of the United States expires before the date specified in |
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Section 521.271, the department shall prorate the fee according to |
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the number of years the license is to be in effect. |
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SECTION 7. Section 521.422(a), Transportation Code, is |
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amended to read as follows: |
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(a) The fee for a personal identification certificate is: |
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(1) $15 for a person under 60 years of age; |
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(2) $5 for a person 60 years of age or older; [and] |
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(3) $20 for a person subject to the registration |
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requirements under Chapter 62, Code of Criminal Procedure; and |
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(4) for a certificate issued to a person under Section |
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521.101(f)(2), the lesser of: |
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(A) $3 for each year the certificate is valid; or |
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(B) $15. |
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SECTION 8. Section 522.021(a), Transportation Code, is |
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amended to read as follows: |
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(a) An application for a commercial driver's license or |
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commercial driver learner's permit must include: |
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(1) the full name and current residence and mailing |
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address of the applicant; |
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(2) a physical description of the applicant, including |
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sex, height, and eye color; |
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(3) the applicant's date of birth; |
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(4) the applicant's social security number, unless the |
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application is for a nonresident commercial driver's license and |
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the applicant is a resident of a foreign jurisdiction; |
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(5) certifications, including those required by 49 |
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C.F.R. Section 383.71(a); |
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(6) the information required by Section |
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521.142(b)(5); and |
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(7) [(6)] any other information required by the |
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department. |
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SECTION 9. Section 522.029, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (j) to read as |
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follows: |
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(a) The fee for a commercial driver's license or commercial |
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driver learner's permit issued by the department is $60, except as |
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provided by Subsections (f), (h), and (j) [(h)]. |
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(j) If a commercial driver's license or commercial driver |
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learner's permit issued to a person who is not a citizen of the |
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United States expires before the date specified in Section 522.051, |
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the department shall prorate the fee according to the number of |
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years the license or permit is to be in effect. |
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SECTION 10. Section 522.051(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Sections [Section] 522.033 and |
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522.0515, an original commercial driver's license or commercial |
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driver learner's permit expires five years after the applicant's |
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next birthday. |
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SECTION 11. Subchapter E, Chapter 522, Transportation Code, |
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is amended by adding Section 522.0515 to read as follows: |
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Sec. 522.0515. EXPIRATION OF LICENSE OR PERMIT: |
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NONCITIZENS. A commercial driver's license or commercial driver |
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learner's permit held by a person who is not a citizen of the United |
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States, including a renewal, duplicate, or corrected license, |
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expires on the earlier of: |
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(1) the date specified in Section 522.051 or 522.052; |
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or |
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(2) the date corresponding to the end of the period of |
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legal stay as indicated by documentation issued by the federal |
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agency responsible for citizenship and immigration. |
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SECTION 12. Section 522.052, Transportation Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Unless the information has been previously provided to |
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the department, the department shall require each applicant for a |
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renewal or duplicate commercial driver's license to furnish to the |
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department the information required by Section 521.142(b)(5). |
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SECTION 13. The change in law made by this Act applies only |
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to an original, renewal, or duplicate application for a driver's |
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license, personal identification certificate, commercial driver's |
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license, or commercial driver learner's permit submitted on or |
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after the effective date of this Act. |
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SECTION 14. This Act takes effect September 1, 2007. |