80R3975 ACP-F

By: Harper-Brown H.B. No. 932

A BILL TO BE ENTITLED

AN ACT

relating to requiring that a driver's license, personal identification certificate, or commercial driver's license issued by the Department of Public Safety state whether the holder is 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 adding Subsections (c-1) and (d-1) to read as follows:

(c-1) The department shall include on the face of a personal identification certificate a statement as to whether the holder is a citizen of the United States.

(d-1) Unless proof of an applicant's United States citizenship 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).

SECTION 2. Section 521.121(a), Transportation Code, is amended to read as follows:

(a) The driver's license must include:

(1) a distinguishing number assigned by the department to the license holder;

(2) a color photograph of the entire face of the holder;

(3) the full name, date of birth, and residence address of the holder; [and]

(4) a brief description of the holder; and

(5) a statement as to whether the holder is a citizen of the United States.

SECTION 3. 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 4. 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 proof of an applicant's United States citizenship 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 5. 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); [and]

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

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

SECTION 6. 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

(J) a statement as to whether the person is a citizen of the United States.

SECTION 7. Section 522.052, Transportation Code, is amended by adding Subsection (h) to read as follows:

(h) Unless proof of an applicant's United States citizenship 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 8. The change in law made by this Act applies only to:

(1) an application for an original, renewal, or duplicate application for a personal identification certificate, driver's license, or commercial driver's license submitted on or after the effective date of this Act; and

(2) an original, renewal, or duplicate personal identification certificate, driver's license, or commercial driver's license issued on or after the effective date of this Act.

SECTION 9. This Act takes effect September 1, 2007.