81R3598 BEF/JD-D

By: Jackson H.B. No. 1061

A BILL TO BE ENTITLED

AN ACT

relating to the requirement of citizenship or lawful presence in the United States for issuance or renewal of certain occupational licenses, driver's licenses, and identification certificates.

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

ARTICLE 1. BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES

SECTION 1.01. Title 2, Occupations Code, is amended by adding Chapter 60 to read as follows:

CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR

BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE

Sec. 60.001. DEFINITIONS. In this chapter:

(1) "Employment eligibility" means eligibility for employment in the United States.

(2) "License" means a license, certificate, registration, permit, or other authorization that:

(A) is issued by a licensing authority; and

(B) an individual must obtain to engage in a particular business, occupation, or profession.

(3) "Licensing authority" means a department, commission, board, office, or other agency of this state or a political subdivision of this state that issues a license.

Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An applicant for a license must establish employment eligibility if the applicant is:

(1) applying for an original license; or

(2) renewing a license and the applicant has not previously established employment eligibility.

(b) The licensing authority may not issue a license to an applicant or renew an applicant's license unless the applicant establishes employment eligibility as required by Subsection (a).

Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT ELIGIBILITY. (a) To establish employment eligibility, an applicant shall provide to the licensing authority for inspection an original or a copy of:

(1) one of the following documents:

(A) a United States passport, unexpired or expired;

(B) a Certificate of United States Citizenship;

(C) a Certificate of Naturalization;

(D) an unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization;

(E) a Permanent Resident Card or Alien Registration Receipt Card with photograph;

(F) an unexpired Temporary Resident Card;

(G) an unexpired Employment Authorization Card;

(H) an unexpired reentry permit;

(I) an unexpired Refugee Travel Document; or

(J) an unexpired Employment Authorization Document issued by the United States Department of Homeland Security that contains a photograph; or

(2) two documents as follows:

(A) one document listed in this paragraph:

(i) a driver's license or identification card that is issued by a state or outlying possession of the United States and that contains the applicant's photograph or information, including the applicant's name, date of birth, sex, height, eye color, and address;

(ii) an identification card that is issued by a federal, state, or local government agency and that contains the applicant's photograph or information, including the applicant's name, date of birth, sex, height, eye color, and address;

(iii) a voter registration certificate;

(iv) a United States military card or draft record;

(v) a military dependent's identification card;

(vi) a United States Coast Guard Merchant Mariner Card;

(vii) a Native American tribal document; or

(viii) a driver's license issued by a Canadian government authority; and

(B) one document listed in this paragraph:

(i) a social security card issued by the Social Security Administration, other than a card stating it is not valid for employment;

(ii) a Certification of Birth Abroad issued by the United States Department of State;

(iii) an original or certified copy of a birth certificate issued by a state, county, municipality, or outlying possession of the United States bearing an official seal;

(iv) a Native American tribal document;

(v) a United States Citizen Identification Card;

(vi) an Identification Card for Use of Resident Citizen in the United States; or

(vii) an unexpired Employment Authorization Document issued by the United States Department of Homeland Security.

(b) In addition to the documents required by Subsection (a), an applicant may establish employment eligibility by submitting to the licensing authority a document verifying that the applicant provided to their current or most recent employer a true and correct Form I-9 along with authentic supporting documents.

(c) Except as provided by this subsection, the documents required by Subsection (a) or (b) must be submitted with the license application. An applicant who submits an application through the TexasOnline system or another electronic means shall submit the documents required under Subsection (a) or (b) not later than 30 days after the date the application is submitted electronically.

Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has submitted all documents that will be required for a licensing authority to verify the applicant's employment eligibility and before the licensing authority verifies the applicant's employment eligibility, the licensing authority may issue a temporary license to the applicant.

(b) A temporary license under this section expires on the 21st day after the date the temporary license is issued.

(c) The licensing authority shall determine the applicant's employment eligibility not later than the day the temporary license expires.

Sec. 60.005. AUDIT. A licensing authority may audit some or all of the applications submitted to the licensing authority for compliance with this chapter, including documents used to establish employment eligibility.

Sec. 60.006. CONFIDENTIALITY. Information provided by an applicant under this chapter that is not subject to disclosure under other law is confidential and not subject to disclosure under Chapter 552, Government Code.

Sec. 60.007. NONDISCRIMINATION. A licensing authority shall implement this chapter without regard to an applicant's race, religion, sex, ethnicity, or national origin.

SECTION 1.02. The purpose of this article is to assist in the enforcement of 8 U.S.C. Chapter 12.

SECTION 1.03. (a) In this section:

(1) "License" means a license, certificate, registration, permit, or other authorization that:

(A) is issued by a licensing authority; and

(B) an individual must obtain to engage in a particular business, occupation, or profession.

(2) "Licensing authority" means a department, commission, board, office, or other agency of this state or a political subdivision of this state that issues a license.

(b) Each licensing authority shall adopt rules under Chapter 60, Occupations Code, as added by this article, not later than January 1, 2010.

(c) The change in law made by this article applies only to an application for the issuance or renewal of a license that is filed with a licensing authority on or after March 1, 2010. An application for the issuance or renewal of a license that is filed before March 1, 2010, is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.

ARTICLE 2. DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES, AND

PERSONAL IDENTIFICATION CERTIFICATES

SECTION 2.01. Section 521.041(b), Transportation Code, is amended to read as follows:

(b) The department shall maintain suitable indexes, in alphabetical or numerical order, that contain:

(1) each denied application and the reasons for the denial;

(2) each application that is granted; [and]

(3) the name of each license holder whose license has been suspended, canceled, or revoked and the reasons for that action; and

(4) the citizenship status of each holder of a license or personal identification certificate.

SECTION 2.02. Section 521.101, Transportation Code, is amended by adding Subsections (d-1), (f-1), (f-2), and (f-3) 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:

(1) proof of the applicant's United States citizenship; or

(2) documentation described by Subsection (f-1).

(f-1) A person who is not a citizen of the United States must present to the department documentation issued by the United States agency responsible for citizenship and immigration that authorizes the applicant to be in the United States.

(f-2) The department may not issue an identification certificate to an applicant:

(1) who fails or refuses to comply with Subsection (f-1); or

(2) whose lawful admission period in the United States expires before the 180th day after the application date.

(f-3) In addition to a certificate issued under this section, Subsections (f-1) and (f-2) apply to a personal identification certificate for which application is made under Section 521.103.

SECTION 2.03. 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 2.04. Section 521.142, Transportation Code, is amended by amending Subsection (e) and adding Subsections (e-1) and (e-2) to read as follows:

(e) The application must include any other information the department requires to determine the applicant's identity, residency, competency, and eligibility.

(e-1) A person who is not a citizen of the United States must present to the department documentation issued by the United States agency responsible for citizenship and immigration that authorizes the applicant to be in the United States.

(e-2) The department may not issue a license to an applicant:

(1) who fails or refuses to comply with Subsection (e-1); or

(2) whose lawful admission period in the United States expires before the 180th day after the date of the application.

SECTION 2.05. 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 [Subsection] (b) and (c), 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 an original, renewal, or duplicate driver's license to furnish to the department:

(1) proof of the applicant's United States citizenship; or

(2) documentation described by Section 521.142(e-1).

SECTION 2.06. Subchapter R, Chapter 521, Transportation Code, is amended by adding Section 521.428 to read as follows:

Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a) Notwithstanding Sections 521.421 and 521.422, the department by rule shall establish the amount of the fee for issuance of a license or personal identification certificate issued to an applicant who is not a citizen of the United States.

(b) The amount of the fee may not exceed the amount of the fee otherwise imposed by this subchapter or the amount that is sufficient, when added to other fees collected under this chapter, to recover the actual costs to the department of issuing the license or certificate.

SECTION 2.07. Section 522.021(c), Transportation Code, is amended to read as follows:

(c) The application must meet the requirements of an application under Sections [Section] 521.141, 521.142, and 521.1425 and [must] be accompanied by the fee required under Section 522.029. The department may require documentary evidence to verify the information required by this section [Subsection (a)].

SECTION 2.08. Section 522.029, Transportation Code, is amended by amending Subsection (a) and adding Subsection (l) 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), and (l).

(l) Notwithstanding any other provision of this section, the department by rule shall establish the amount of the fee for issuance of a commercial driver's license or commercial driver learner's permit issued to an applicant who is not a citizen of the United States. The amount of the fee may not exceed the amount of the fee otherwise imposed by this subchapter or the amount that is sufficient, when added to other fees collected under this chapter, to recover the actual costs to the department of issuing the license or certificate.

SECTION 2.09. 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 2.10. 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:

(1) proof of the applicant's United States citizenship; or

(2) documentation described by Section 521.142(e-1).

SECTION 2.11. The changes in law made by this article apply only to a driver's license, personal identification certificate, commercial driver's license, or commercial driver learner's permit issued or renewed on or after the effective date of this article. A driver's license, personal identification certificate, commercial driver's license, or commercial driver learner's permit issued or renewed before the effective date of this article is governed by the law in effect when the license, certificate, or permit was issued, and the former law is continued in effect for that purpose.

ARTICLE 3. EFFECTIVE DATE

SECTION 3.01. This Act takes effect September 1, 2009.