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