81R2077 JD-D
 
  By: Carona S.B. No. 1784
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement of citizenship or lawful presence in
  the United States for issuance of a driver's license, personal
  identification certificate, commercial driver's license, or
  commercial driver learner's permit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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.  Section 521.101, Transportation Code, is amended
  by amending Subsection (f) and adding Subsections (d-1), (f-1),
  (f-2), (f-3), and (f-4) 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)  A certificate issued to an applicant who is a citizen of
  the United States expires on a date specified by the department,
  except that a certificate issued to a person 60 years of age or
  older does not expire.
         (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)  An identification certificate issued to an applicant
  who is not a citizen of the United States expires on the earlier of:
               (1)  the date that the applicant's lawful admission
  period in the United States expires; or
               (2)  the first anniversary of the date of issuance.
         (f-4)  In addition to a certificate issued under this
  section, Subsections (f-1), (f-2), and (f-3) apply to a personal
  identification certificate for which application is made under
  Section 521.103.
         SECTION 3.  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 4.  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 5.  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 6.  Section 521.271, Transportation Code, is amended
  to read as follows:
         Sec. 521.271.  LICENSE EXPIRATION. (a) Each original
  driver's license, [and] provisional license, or occupational
  license issued to an applicant who is a citizen of the United States
  expires as follows:
               (1)  except as provided by Section 521.2711, a driver's
  license expires on the first birthday of the license holder
  occurring after the sixth anniversary of the date of the
  application;
               (2)  a provisional license expires on the earlier of:
                     (A)  the 18th birthday of the license holder; or
                     (B)  the first birthday of the license holder
  occurring after the date of the application;
               (3)  an instruction permit expires on the second
  birthday of the license holder occurring after the date of the
  application; and
               (4)  an occupational license expires on the first
  anniversary of the court order granting the license.
         (b)  Except as provided by Subsection (c) and Section
  521.2711, a driver's license that is renewed expires on the sixth
  anniversary of the expiration date before renewal.
         (c)  A driver's license, provisional license, or
  occupational license issued to an applicant who is not a citizen of
  the United States expires on the earlier of:
               (1)  the date that the applicant's lawful admission
  period in the United States expires; or
               (2)  the first anniversary of the date of issuance.
         SECTION 7.  Section 521.2711, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsections (a) and (b), an original or
  renewal driver's license issued to an applicant who is 85 years of
  age or older and not a citizen of the United States expires on the
  earlier of:
               (1)  the date that the applicant's lawful admission
  period in the United States expires; or
               (2)  the first anniversary of the date of issuance.
         SECTION 8.  Section 521.272, Transportation Code, is amended
  by amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  Notwithstanding Section 521.271, a driver's license
  issued under this section to an applicant who is a citizen of the
  United States, including a renewal, duplicate, or corrected
  license, expires on the first birthday of the license holder
  occurring after the date of application, except that the initial
  license issued under this section expires on the second birthday of
  the license holder occurring after the date of application. This
  subsection does not apply to:
               (1)  a provisional license;
               (2)  an instruction permit issued under Section
  521.222; or
               (3)  a hardship license issued under Section 521.223.
         (d)  A driver's license issued under this section to an
  applicant who is not a citizen of the United States expires on the
  earlier of:
               (1)  the date that the applicant's lawful admission
  period in the United States expires; or
               (2)  the first anniversary of the date of issuance.
         SECTION 9.  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 10.  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 11.  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 12.  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 13.  Section 522.033, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  Notwithstanding Section 522.051, a commercial driver's
  license or commercial driver learner's permit issued under this
  section to an applicant who is a citizen of the United States,
  including a renewal, duplicate, or corrected license, expires on
  the first birthday of the license holder occurring after the date of
  application, except that the initial license issued under this
  section expires on the second birthday of the license holder
  occurring after the date of application.
         (c)  A commercial driver's license or commercial driver
  learner's permit issued under this section to an applicant who is
  not a citizen of the United States expires on the earlier of:
               (1)  the date that the applicant's lawful admission
  period in the United States expires; or
               (2)  the first anniversary of the date of issuance.
         SECTION 14.  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 15.  The changes in law made by this Act 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 Act. 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 Act 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.
         SECTION 16.  This Act takes effect September 1, 2009.