81R22361 JD-F
 
  By: Burnam H.B. No. 2077
 
  Substitute the following for H.B. No. 2077:
 
  By:  Burnam C.S.H.B. No. 2077
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to driver's licenses, commercial driver's licenses, and
  personal identification certificates; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 521.001(a), Transportation Code, is
  amended by adding Subdivision (7-a) to read as follows:
               (7-a) "Resident" means a person who lives in this state
  and has maintained residency in this state for a period of at least
  60 days at the time of application for a driver's license or
  personal identification certificate.
         SECTION 2.  Section 521.029, Transportation Code, is amended
  to read as follows:
         Sec. 521.029.  OPERATION OF MOTOR VEHICLE BY NEW STATE
  RESIDENTS.  (a)  A person who enters this state as a new resident
  may operate a motor vehicle in this state for no more than 90 [30]
  days after the date on which the person enters this state if the
  person:
               (1)  is 16 years of age or older; and
               (2)  has in the person's possession a driver's license
  issued to the person by the person's state or country of previous
  residence.
         (b)  If a person subject to this section is prosecuted for
  operating a motor vehicle without a driver's license, the
  prosecution alleges that the person has resided in this state for
  more than 90 [30] days, and the person claims to have been covered
  by Subsection (a), the person must prove by the preponderance of the
  evidence that the person has not resided in this state for more than
  90 [30] days.
         SECTION 3.  Section 521.054, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  A person commits an offense if, with intent to defraud
  or harm another, the person fails or refuses to comply with
  Subsection (b) or (c). An offense under this subsection is a Class
  A misdemeanor.
         SECTION 4.  Section 521.101, Transportation Code, is amended
  by adding Subsection (j) to read as follows:
         (j)  Except as provided by this section, each personal
  identification certificate issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 5.  Section 521.121, Transportation Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  Except as provided by this subchapter, each driver's
  license issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 6.  Section 521.142, Transportation Code, is amended
  by amending Subsections (a) and (e) and adding Subsection (i) to
  read as follows:
         (a)  An application for an original license must state the
  applicant's full name and place and date of birth.  This information
  must be verified by presentation of proof of identity satisfactory
  to the department.  The department must accept [as satisfactory
  proof of identity under this subsection] an offender identification
  card or similar form of identification issued to an inmate by the
  Texas Department of Criminal Justice.
         (e)  The application must include any other information the
  department requires to determine the applicant's identity,
  residency, competency, and eligibility.
         (i)  The department by rule may establish and implement a
  process to verify that the applicant resides at the residence
  address furnished by the applicant. The department may deny
  issuance of a license to an applicant whose residence address
  cannot be verified. This subsection does not apply to:
               (1)  a person described by Section 521.027; or
               (2)  a person who presents a certificate of
  homelessness as approved by the federal government.
         SECTION 7.  Section 521.181, Transportation Code, is amended
  to read as follows:
         Sec. 521.181.  ISSUANCE OF DRIVER'S LICENSE.  (a)  On
  payment of the required fee, the department shall issue to each
  qualifying applicant a driver's license of the class for which the
  applicant has applied.
         (b)  The department may not deny the issuance of a driver's
  license to an applicant who has otherwise established the
  applicant's identity, residency, competency, and eligibility for
  the driver's license in compliance with the express provisions of
  this chapter.
         (c)  The Public Safety Commission or the department may not
  adopt or enforce a rule that is inconsistent with this section.
         SECTION 8.  Section 522.021(c-1), Transportation Code, is
  amended to read as follows:
         (c-1)  If the department requires proof of an applicant's
  identity as part of an application under this section, the
  department must accept [as satisfactory proof of identity] an
  offender identification card or similar form of identification
  issued to an inmate by the Texas Department of Criminal Justice.
         SECTION 9.  Section 522.030, Transportation Code, is amended
  to read as follows:
         Sec. 522.030.  CONTENT OF LICENSE. (a)  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.
         (b)  Except as provided by this subchapter, each commercial
  driver's license issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 10.  The changes in law made by this Act apply only
  to a driver's license, commercial driver's license, or personal
  identification certificate issued on or after the effective date of
  this Act.  A driver's license, commercial driver's license, or
  personal identification certificate issued before the effective
  date of this Act is subject to the law in effect on the date of
  issuance, and that law is continued in effect for that purpose.
         SECTION 11.  This Act takes effect September 1, 2009.