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A BILL TO BE ENTITLED
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AN ACT
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relating to documentary evidence of citizenship or other status as |
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a requirement for issuance of certain identification documents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 7, Education Code, is |
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amended by adding Section 7.063 to read as follows: |
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Sec. 7.063. IDENTIFICATION DOCUMENT REQUIREMENTS. (a) The |
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commissioner by rule shall establish procedures that comply with |
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the requirements of this section for school districts and |
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open-enrollment charter schools to abide by in the issuance of |
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identification documents to individuals. |
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(b) The procedures must provide that a school district or |
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open-enrollment charter school may not issue an identification |
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document identifying an individual as an administrator, faculty |
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member, student, or employee of the school district or school |
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unless the individual: |
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(1) provides evidence that the person is a United |
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States citizen, a United States national, or a legal permanent |
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resident alien; or |
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(2) presents, in person, documentary evidence of: |
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(A) unexpired immigrant or nonimmigrant visa |
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status for admission into the United States; |
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(B) a pending or approved application for asylum |
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in the United States; |
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(C) admission into the United States in refugee |
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status; |
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(D) a pending or approved application for |
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temporary protected status in the United States; |
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(E) approved deferred action status; or |
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(F) a pending application for adjustment of |
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status to legal permanent resident or conditional resident status. |
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(c) A school district or open-enrollment charter school may |
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not issue an identification document to an individual under |
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Subsection (b)(2) unless the document: |
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(1) complies with this section and the rules adopted |
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under this section; and |
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(2) is valid only: |
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(A) for the period the individual is authorized |
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to stay in the United States; or |
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(B) if there is not a definite end to the |
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authorized stay, for the lesser of one year or the period the |
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identification document is normally valid. |
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(d) An identification document issued to an individual |
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under Subsection (b)(2) must include: |
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(1) a clear and conspicuous statement on the face of |
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the document indicating the document is temporary and valid only |
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for use on the school's campus; and |
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(2) the document's expiration date. |
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(e) An individual may renew an identification document |
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issued under Subsection (b)(2) only by presenting, in person, |
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documentary evidence described by Subsection (b)(2). |
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SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.973 to read as follows: |
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Sec. 51.973. IDENTIFICATION DOCUMENT REQUIREMENTS. (a) |
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The Texas Higher Education Coordinating Board by rule shall |
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establish procedures for an institution of higher education, as |
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defined by Section 61.003, to abide by in the issuance of an |
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identification document to an individual. |
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(b) The procedures must provide that an institution of |
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higher education may not issue an identification document |
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identifying an individual as an administrator, faculty member, |
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student, or employee of the institution unless the individual: |
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(1) provides evidence that the person is a United |
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States citizen, a United States national, or a legal permanent |
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resident alien; or |
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(2) presents, in person, documentary evidence of: |
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(A) unexpired immigrant or nonimmigrant visa |
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status for admission into the United States; |
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(B) a pending or approved application for asylum |
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in the United States; |
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(C) admission into the United States in refugee |
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status; |
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(D) a pending or approved application for |
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temporary protected status in the United States; |
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(E) approved deferred action status; or |
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(F) a pending application for adjustment of |
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status to legal permanent resident or conditional resident status. |
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(c) An institution of higher education may not issue an |
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identification document to an individual under Subsection (b)(2) |
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unless the document: |
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(1) complies with this section and the rules adopted |
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under this section; and |
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(2) is valid only: |
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(A) for the period the individual is authorized |
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to stay in the United States; or |
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(B) if there is not a definite end to the |
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authorized stay, for the lesser of one year or the period the |
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identification document is normally valid. |
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(d) An identification document issued to an individual |
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under Subsection (b)(2) must include: |
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(1) a clear and conspicuous statement on the face of |
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the document indicating the document is temporary and valid only |
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for use on the institution's campus; and |
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(2) the document's expiration date. |
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(e) An individual may renew an identification document |
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issued under Subsection (b)(2) only by presenting, in person, |
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documentary evidence described by Subsection (b)(2). |
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SECTION 3. Section 521.101, Transportation Code, is amended |
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by adding Subsection (d-1) and amending Subsection (f) to read as |
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follows: |
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(d-1) The department shall require each applicant for an |
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original, renewal, or duplicate personal identification |
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certificate to provide to the department the information required |
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by Section 521.142(b)(5). This subsection does not apply to an |
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applicant who previously provided information to the department |
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under Section 521.142(b)(5)(A). |
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(f) A certificate expires on a date specified by the |
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department, except that: |
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(1) a certificate issued to a person 60 years of age or |
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older, other than a person described by Subdivision (2), does not |
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expire; and |
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(2) a certificate issued to a person who is not a |
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citizen or national of the United States or a legal permanent |
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resident alien expires on a date corresponding to the end of the |
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period of legal stay as indicated by documentation issued by the |
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United States Citizenship and Immigration Services or another |
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federal agency responsible for citizenship and immigration. |
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SECTION 4. Section 521.142, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (i) to read as |
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follows: |
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(b) The application must include: |
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(1) the thumbprints of the applicant or, if |
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thumbprints cannot be taken, the index fingerprints of the |
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applicant; |
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(2) a photograph of the applicant; |
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(3) the signature of the applicant; [and] |
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(4) a brief description of the applicant; and |
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(5) proof that the applicant: |
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(A) is a United States citizen, a United States |
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national, or a legal permanent resident alien; or |
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(B) is authorized to be in the United States in |
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accordance with Subsection (i). |
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(i) For an original, renewal, or duplicate license, an |
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applicant who is required to provide proof under Subsection |
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(b)(5)(B) must present to the department documentary evidence, |
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issued by the United States Citizenship and Immigration Services or |
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another federal agency responsible for citizenship and |
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immigration, authorizing the applicant to be in the United States. |
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The documentation must provide evidence of: |
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(1) unexpired immigrant or nonimmigrant visa status |
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for admission into the United States; |
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(2) a pending or approved application for asylum in |
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the United States; |
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(3) admission into the United States in refugee |
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status; |
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(4) a pending or approved application for temporary |
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protected status in the United States; |
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(5) approved deferred action status; or |
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(6) a pending application for adjustment of status to |
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legal permanent resident or conditional resident status. |
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SECTION 5. Section 521.1425, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (c) |
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[Subsection (b)], the department may require each applicant for an |
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original, renewal, or duplicate driver's license to furnish to the |
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department the information required by Section 521.142. |
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(c) The department shall require each applicant for a |
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renewal or duplicate license to furnish to the department the |
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information required by Section 521.142(b)(5). This subsection |
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does not apply to an applicant who previously furnished information |
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to the department under Section 521.142(b)(5)(A). |
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SECTION 6. Section 521.271(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Sections 521.2711 and 521.2715, |
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each [Each] original driver's license and provisional license |
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expires as follows: |
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(1) [except as provided by Section 521.2711,] a |
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driver's license expires on the first birthday of the license |
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holder occurring after the sixth anniversary of the date of the |
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application; |
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(2) a provisional license expires on the earlier of: |
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(A) the 18th birthday of the license holder; or |
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(B) the first birthday of the license holder |
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occurring after the date of the application; |
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(3) an instruction permit expires on the second |
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birthday of the license holder occurring after the date of the |
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application; and |
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(4) an occupational license expires on the first |
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anniversary of the court order granting the license. |
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SECTION 7. Subchapter M, Chapter 521, Transportation Code, |
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is amended by adding Section 521.2715 to read as follows: |
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Sec. 521.2715. LICENSE EXPIRATION: NONCITIZENS AND |
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TEMPORARY RESIDENTS. A driver's license held by a person who is not |
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a citizen or national of the United States or a legal permanent |
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resident alien, including a renewal, duplicate, or corrected |
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license, expires on the earlier of: |
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(1) the date specified in Section 521.271 or 521.2711, |
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as applicable; or |
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(2) the date corresponding to the end of the period of |
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legal stay as indicated by documentation issued by the United |
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States Citizenship and Immigration Services or another federal |
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agency responsible for citizenship and immigration. |
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SECTION 8. Section 521.421, Transportation Code, is amended |
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by adding Subsection (k) to read as follows: |
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(k) If a driver's license issued to a person who is not a |
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citizen or national of the United States or a legal permanent |
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resident alien expires before the date specified in Section |
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521.271, the department shall prorate the fee according to the |
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number of years the license is to be in effect. |
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SECTION 9. Section 521.422(a), Transportation Code, is |
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amended to read as follows: |
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(a) The fee for a personal identification certificate is: |
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(1) $15 for a person under 60 years of age; |
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(2) $5 for a person 60 years of age or older; [and] |
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(3) $20 for a person subject to the registration |
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requirements under Chapter 62, Code of Criminal Procedure; and |
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(4) for a certificate issued to a person under Section |
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521.101(f)(2), the lesser of: |
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(A) $3 for each year the certificate is valid; or |
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(B) $15. |
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SECTION 10. Section 522.021(a), Transportation Code, is |
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amended to read as follows: |
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(a) An application for a commercial driver's license or |
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commercial driver learner's permit must include: |
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(1) the full name and current residence and mailing |
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address of the applicant; |
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(2) a physical description of the applicant, including |
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sex, height, and eye color; |
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(3) the applicant's date of birth; |
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(4) the applicant's social security number, unless the |
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application is for a nonresident commercial driver's license and |
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the applicant is a resident of a foreign jurisdiction; |
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(5) certifications, including those required by 49 |
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C.F.R. Section 383.71(a); [and] |
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(6) the information required by Section |
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521.142(b)(5); and |
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(7) any other information required by the department. |
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SECTION 11. Section 522.029(j), Transportation Code, as |
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added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature, |
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Regular Session, 2007, is relettered as Subsection (k) to read as |
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follows: |
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(k) [(j)] The fee for a nonresident commercial driver's |
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license is $120. The fee for a temporary nonresident commercial |
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driver's license is $20. |
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SECTION 12. Section 522.029, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (l) to |
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read as follows: |
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(a) The fee for a commercial driver's license or commercial |
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driver learner's permit issued by the department is $60, except as |
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provided by Subsections (f), (h), [and] (j), (k), and (l). |
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(l) If a commercial driver's license or commercial driver |
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learner's permit issued to a person who is not a citizen or national |
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of the United States or a legal permanent resident alien expires |
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before the date specified in Section 522.051, the department shall |
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prorate the fee according to the number of years the license or |
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permit is to be in effect. |
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SECTION 13. Section 522.051(a), Transportation Code, as |
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amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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to read as follows: |
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(a) Except as provided by Subsection (f) and Sections |
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522.013(e), [and] 522.033, 522.0515, and 522.054, an original |
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commercial driver's license or commercial driver learner's permit |
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expires five years after the applicant's next birthday. |
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SECTION 14. Subchapter E, Chapter 522, Transportation Code, |
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is amended by adding Section 522.0515 to read as follows: |
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Sec. 522.0515. EXPIRATION OF LICENSE OR PERMIT: |
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NONCITIZENS AND TEMPORARY RESIDENTS. A commercial driver's license |
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or commercial driver learner's permit held by a person who is not a |
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citizen or national of the United States or a legal permanent |
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resident alien, including a renewal, duplicate, or corrected |
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license, expires on the earlier of: |
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(1) the date specified in Section 522.051 or 522.052; |
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or |
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(2) the date corresponding to the end of the period of |
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legal stay as indicated by documentation issued by the United |
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States Citizenship and Immigration Services or another federal |
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agency responsible for citizenship and immigration. |
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SECTION 15. Section 522.052, Transportation Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) The department shall require each applicant for a |
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renewal or duplicate commercial driver's license to provide to the |
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department the information required by Section 521.142(b)(5). This |
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subsection does not apply to an applicant who previously provided |
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information to the department under Section 521.142(b)(5)(A). |
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SECTION 16. The changes in law made by this Act to Chapters |
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521 and 522, Transportation Code, apply only to an original, |
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renewal, or duplicate application for a driver's license, personal |
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identification certificate, commercial driver's license, or |
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commercial driver learner's permit submitted on or after the |
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effective date of this Act. |
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SECTION 17. (a) The commissioner of education shall adopt |
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rules necessary to administer Section 7.063, Education Code, as |
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added by this Act. |
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(b) The Texas Higher Education Coordinating Board shall |
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adopt rules necessary to administer Section 51.973, Education Code, |
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as added by this Act. |
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SECTION 18. Sections 7.063 and 51.973, Education Code, as |
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added by this Act, apply beginning with the 2009-2010 school year. |
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SECTION 19. This Act takes effect September 1, 2009. |