S.B. No. 1260

AN ACT

relating to the issuance of a nonresident commercial driver's license.

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

SECTION 1. Section 522.013, Transportation Code, is amended by amending Subsection (d) and adding Subsections (e) and (f) to read as follows:

(d) "Nonresident" must appear on the face of a [nonresident commercial driver's] license issued under this section.

(e) The department may issue a temporary nonresident commercial driver's license to a person who does not present a social security card as required by Section 522.021(a-1)(1) but who otherwise meets the requirements for a nonresident commercial driver's license, including the requirement that the commercial motor vehicle testing and licensing standards of the country of which the applicant is a resident not meet the testing and licensing standards established by 49 C.F.R. Part 383. A license issued under this subsection:

(1) expires on the earlier of:

(A) the 60th day after the date the license is issued;

(B) the expiration date of the visa presented under Section 522.021(a-1)(2)(B); or

(C) the expiration date of the Form I-94 Arrival/Departure record, or a successor document, presented under Section 522.021(a-1)(2)(C); and

(2) may not be renewed.

(f) The department may not issue more than one temporary nonresident commercial driver's license to a person.

SECTION 2. Section 522.021, Transportation Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) If the application is for a nonresident commercial driver's license and the applicant is a resident of a foreign jurisdiction that does not meet the testing and licensing standards established by 49 C.F.R. Part 383, the applicant must present:

(1) a social security card issued to the applicant; and

(2) each of the following:

(A) a passport issued to the applicant by the country of which the applicant is a resident;

(B) a Temporary Worker visa; and

(C) a Form I-94 Arrival/Departure record or a successor document.

SECTION 3. 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 a nonresident commercial driver's license is $120. The fee for a temporary nonresident commercial driver's license is $20.

SECTION 4. Section 522.051, Transportation Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows:

(a) Except as provided by Subsection (f) and Sections 522.013(e) and [Section] 522.033, an original commercial driver's license or commercial driver learner's permit expires five years after the applicant's next birthday.

(f) Except as provided by Section 522.013, a nonresident commercial driver's license other than a temporary nonresident commercial driver's license under Section 522.013(e) expires on the earlier of:

(1) the expiration date of the visa presented under Section 522.021(a-1)(2)(B); or

(2) the expiration date of the Form I-94 Arrival/Departure record, or a successor document, presented under Section 522.021(a-1)(2)(C).

SECTION 5. The changes in law made by this Act apply only to a nonresident commercial driver's license for which an original or renewal application is filed on or after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2007.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1260 passed the Senate on April 26, 2007, by the following vote: Yeas 28, Nays 2.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1260 passed the House on May 17, 2007, by the following vote: Yeas 143, Nays 0, two present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor