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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement of citizenship or lawful presence in |
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the United States for issuance of 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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.041(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department shall maintain suitable indexes, in |
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alphabetical or numerical order, that contain: |
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(1) each denied application and the reasons for the |
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denial; |
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(2) each application that is granted; [and] |
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(3) the name of each license holder whose license has |
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been suspended, canceled, or revoked and the reasons for that |
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action; and |
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(4) the citizenship status of each holder of a license |
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or personal identification certificate. |
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SECTION 2. Section 521.101, Transportation Code, is amended |
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by amending Subsection (f) and adding Subsections (d-1), (f-1), |
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(f-2), (f-3), and (f-4) to read as follows: |
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(d-1) Unless the information has been previously provided |
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to the department, the department shall require each applicant for |
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an original, renewal, or duplicate personal identification |
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certificate to furnish to the department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Subsection (f-1). |
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(f) A certificate issued to an applicant who is a citizen of |
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the United States expires on a date specified by the department, |
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except that a certificate issued to a person 60 years of age or |
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older does not expire. |
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(f-1) A person who is not a citizen of the United States must |
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present to the department documentation issued by the United States |
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agency responsible for citizenship and immigration that authorizes |
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the applicant to be in the United States. |
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(f-2) The department may not issue an identification |
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certificate to an applicant: |
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(1) who fails or refuses to comply with Subsection |
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(f-1); or |
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(2) whose lawful admission period in the United States |
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expires before the 180th day after the application date. |
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(f-3) An identification certificate issued to an applicant |
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who is not a citizen of the United States expires on the earlier of: |
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(1) the date that the applicant's lawful admission |
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period in the United States expires; or |
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(2) the first anniversary of the date of issuance. |
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(f-4) In addition to a certificate issued under this |
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section, Subsections (f-1), (f-2), and (f-3) apply to a personal |
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identification certificate for which application is made under |
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Section 521.103. |
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SECTION 3. Section 521.121(a), Transportation Code, is |
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amended to read as follows: |
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(a) The driver's license must include: |
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(1) a distinguishing number assigned by the department |
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to the license holder; |
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(2) a color photograph of the entire face of the |
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holder; |
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(3) the full name, date of birth, and residence |
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address of the holder; [and] |
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(4) a brief description of the holder; and |
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(5) a statement as to whether the holder is a citizen |
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of the United States. |
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SECTION 4. Section 521.142, Transportation Code, is amended |
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by amending Subsection (e) and adding Subsections (e-1) and (e-2) |
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to read as follows: |
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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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(e-1) A person who is not a citizen of the United States must |
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present to the department documentation issued by the United States |
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agency responsible for citizenship and immigration that authorizes |
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the applicant to be in the United States. |
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(e-2) The department may not issue a license to an |
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applicant: |
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(1) who fails or refuses to comply with Subsection |
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(e-1); or |
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(2) whose lawful admission period in the United States |
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expires before the 180th day after the date of the application. |
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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 [Subsection] (b) and |
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(c), the department may require each applicant for an original, |
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renewal, or duplicate driver's license to furnish to the department |
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the information required by Section 521.142. |
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(c) Unless the information has been previously provided to |
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the department, the department shall 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: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Section 521.142(e-1). |
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SECTION 6. Section 521.271, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.271. LICENSE EXPIRATION. (a) Each original |
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driver's license, [and] provisional license, or occupational |
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license issued to an applicant who is a citizen of the United States |
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expires as follows: |
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(1) except as provided by Section 521.2711, a driver's |
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license expires on the first birthday of the license holder |
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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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(b) Except as provided by Subsection (c) and Section |
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521.2711, a driver's license that is renewed expires on the sixth |
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anniversary of the expiration date before renewal. |
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(c) A driver's license, provisional license, or |
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occupational license issued to an applicant who is not a citizen of |
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the United States expires on the earlier of: |
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(1) the date that the applicant's lawful admission |
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period in the United States expires; or |
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(2) the first anniversary of the date of issuance. |
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SECTION 7. Section 521.2711, Transportation Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsections (a) and (b), an original or |
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renewal driver's license issued to an applicant who is 85 years of |
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age or older and not a citizen of the United States expires on the |
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earlier of: |
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(1) the date that the applicant's lawful admission |
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period in the United States expires; or |
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(2) the first anniversary of the date of issuance. |
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SECTION 8. Section 521.272, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) Notwithstanding Section 521.271, a driver's license |
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issued under this section to an applicant who is a citizen of the |
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United States, including a renewal, duplicate, or corrected |
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license, expires on the first birthday of the license holder |
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occurring after the date of application, except that the initial |
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license issued under this section expires on the second birthday of |
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the license holder occurring after the date of application. This |
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subsection does not apply to: |
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(1) a provisional license; |
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(2) an instruction permit issued under Section |
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521.222; or |
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(3) a hardship license issued under Section 521.223. |
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(d) A driver's license issued under this section to an |
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applicant who is not a citizen of the United States expires on the |
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earlier of: |
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(1) the date that the applicant's lawful admission |
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period in the United States expires; or |
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(2) the first anniversary of the date of issuance. |
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SECTION 9. Subchapter R, Chapter 521, Transportation Code, |
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is amended by adding Section 521.428 to read as follows: |
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Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION |
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CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a) |
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Notwithstanding Sections 521.421 and 521.422, the department by |
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rule shall establish the amount of the fee for issuance of a license |
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or personal identification certificate issued to an applicant who |
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is not a citizen of the United States. |
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(b) The amount of the fee may not exceed the amount of the |
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fee otherwise imposed by this subchapter or the amount that is |
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sufficient, when added to other fees collected under this chapter, |
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to recover the actual costs to the department of issuing the license |
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or certificate. |
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SECTION 10. Section 522.021(c), Transportation Code, is |
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amended to read as follows: |
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(c) The application must meet the requirements of an |
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application under Sections [Section] 521.141, 521.142, and |
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521.1425 and [must] be accompanied by the fee required under |
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Section 522.029. The department may require documentary evidence |
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to verify the information required by this section [Subsection
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(a)]. |
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SECTION 11. 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), and (l). |
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(l) Notwithstanding any other provision of this section, |
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the department by rule shall establish the amount of the fee for |
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issuance of a commercial driver's license or commercial driver |
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learner's permit issued to an applicant who is not a citizen of the |
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United States. The amount of the fee may not exceed the amount of |
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the fee otherwise imposed by this subchapter or the amount that is |
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sufficient, when added to other fees collected under this chapter, |
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to recover the actual costs to the department of issuing the license |
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or certificate. |
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SECTION 12. Section 522.030, Transportation Code, is |
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amended to read as follows: |
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Sec. 522.030. CONTENT OF LICENSE. A commercial driver's |
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license must: |
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(1) be marked "Commercial Driver License" or "CDL"; |
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(2) be, to the extent practicable, tamper-proof; and |
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(3) include: |
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(A) the name and mailing address of the person to |
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whom it is issued; |
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(B) the person's color photograph; |
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(C) a physical description of the person, |
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including sex, height, and eye color; |
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(D) the person's date of birth; |
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(E) a number or identifier the department |
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considers appropriate; |
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(F) the person's signature; |
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(G) each class of commercial motor vehicle that |
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the person is authorized to drive, with any endorsements or |
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restrictions; |
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(H) the name of this state; [and] |
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(I) the dates between which the license is valid; |
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and |
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(J) a statement as to whether the person is a |
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citizen of the United States. |
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SECTION 13. Section 522.033, Transportation Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) Notwithstanding Section 522.051, a commercial driver's |
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license or commercial driver learner's permit issued under this |
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section to an applicant who is a citizen of the United States, |
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including a renewal, duplicate, or corrected license, expires on |
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the first birthday of the license holder occurring after the date of |
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application, except that the initial license issued under this |
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section expires on the second birthday of the license holder |
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occurring after the date of application. |
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(c) A commercial driver's license or commercial driver |
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learner's permit issued under this section to an applicant who is |
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not a citizen of the United States expires on the earlier of: |
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(1) the date that the applicant's lawful admission |
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period in the United States expires; or |
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(2) the first anniversary of the date of issuance. |
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SECTION 14. Section 522.052, Transportation Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) Unless the information has been previously provided to |
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the department, the department shall require each applicant for a |
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renewal or duplicate commercial driver's license to furnish to the |
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department: |
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(1) proof of the applicant's United States |
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citizenship; or |
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(2) documentation described by Section 521.142(e-1). |
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SECTION 15. The changes in law made by this Act apply only |
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to a driver's license, personal identification certificate, |
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commercial driver's license, or commercial driver learner's permit |
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issued or renewed on or after the effective date of this Act. A |
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driver's license, personal identification certificate, commercial |
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driver's license, or commercial driver learner's permit issued or |
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renewed before the effective date of this Act is governed by the law |
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in effect when the license, certificate, or permit was issued, and |
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the former law is continued in effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2009. |