By: Carona S.B. No. 1784

(In the Senate - Filed March 11, 2009; March 20, 2009, read first time and referred to Committee on Transportation and Homeland Security; April 22, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 3; April 22, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1784 By: Carona

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. Subsection (b), Section 521.041, 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), and (f-3) 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 expires:

(1) on a date specified by the department, if the applicant is a citizen or lawful permanent resident of the United States or a refugee or asylee lawfully admitted into the United States; or

(2) for an applicant not described by Subdivision (1), on:

(A) the expiration of the applicant's authorized stay in the United States; or

(B) the first anniversary of the date of issuance, if there is no definite expiration date for the applicant's authorized stay in the United States [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 who fails or refuses to comply with Subsection (f-1).

(f-3) In addition to a certificate issued under this section, Subsections (f-1) and (f-2) apply to a personal identification certificate for which application is made under Section 521.103.

SECTION 3. Subsections (a) and (e), Section 521.142, Transportation Code, are amended 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. An applicant 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 before the applicant may be issued a driver's license or personal identification certificate. 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 as required by the department or by state law.

SECTION 4. 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(a).

SECTION 5. 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 or legal permanent resident of the United States or a refugee or asylee lawfully admitted into 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.

(a-1) Each original driver's license issued to a person who is not a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires on the first anniversary of the date of issuance if there is no definite expiration date for the applicant's authorized stay in the United States or the expiration of the license holder's lawful presence in the United States as determined by the United States agency responsible for citizenship and immigration in compliance with federal law.

(a-2) Each provisional license issued to a person who is not a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires on the earlier of:

(1) the 18th birthday of the license holder;

(2) the first birthday of the license holder occurring after the date of the application; or

(3) the expiration of the license holder's lawful presence in the United States as determined by the United States agency responsible for citizenship and immigration in compliance with federal law.

(b) Except as provided by Section 521.2711, a driver's license that is renewed expires on:

(1) the sixth anniversary of the expiration date before renewal if the applicant is a citizen or lawful permanent resident of the United States or a refugee or asylee lawfully admitted into the United States; or

(2) for an applicant not described by Subdivision (1):

(A) the expiration of the applicant's authorized stay in the United States; or

(B) the first anniversary of the date of issuance, if there is no definite expiration date for the applicant's authorized stay in the United States.

SECTION 6. 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 or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires on:

(1) the expiration of the applicant's authorized stay in the United States; or

(2) the first anniversary of the date of issuance if there is no definite expiration date for the authorized stay in the United States.

SECTION 7. 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, including a renewal, duplicate, or corrected license, expires on:

(1) if the license holder is a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States, 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; or

(2) if the applicant is not described by Subdivision (1), on the earlier of:

(A) the expiration of the applicant's authorized stay in the United States; or

(B) 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.

(d) Subsection (c) [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.

SECTION 8. Section 521.421, Transportation Code, is amended by adding Subsections (a-1) and (a-2) and amending Subsection (c) to read as follows:

(a-1) The fee for a driver's license or personal identification certificate that is issued to a person who is not a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States and that is not valid for more than one year is $15.

(a-2) The fee for a temporary driver's license or temporary personal identification certificate that is valid for more than one year is $15 for the first year and $10 for each additional year or portion of a year.

(c) The fee for issuance or renewal of a provisional license or instruction permit is $10 [$5].

SECTION 9. Subsection (c), Section 522.021, 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 10. Section 522.029, Transportation Code, is amended by amending Subsection (a) and adding Subsections (k), (l), and (m) 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), (k), (l), and (m).

(k) The fee for a commercial driver's license or a nonresident commercial driver's license that is issued to a person who is not a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States and that is not valid for more than one year is $20.

(l) The fee for a temporary commercial driver's license or a nonresident commercial driver's license that is issued in compliance with federal law to a person who is not a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States and that is valid for more than one year is $20 for the first year and $15 for each additional year or portion of a year.

(m) The fee for a temporary nonresident commercial driver's license is $20.

SECTION 11. Subsection (f), Section 522.029, Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, Regular Session, 1997, is relettered as Subsection (f-1) to read as follows:

(f-1) [(f)] If a commercial driver's license or commercial driver learner's permit includes an authorization to operate a motorcycle or moped, the fee for the driver's license or permit is increased by $8.

SECTION 12. 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) To the extent of a conflict or inconsistency between this section and Section 522.013 or 522.051, Section 522.013 or 522.051 controls.

SECTION 13. Subsection (b), Section 522.033, Transportation Code, is amended to read as follows:

(b) Notwithstanding Section 522.051, a commercial driver's license or commercial driver learner's permit issued under this section, including a renewal, duplicate, or corrected license, expires:

(1) if the license or permit holder is a citizen or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States, 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; or

(2) if the applicant is not described by Subdivision (1), on the earlier of:

(A) the expiration of the applicant's authorized stay in the United States; or

(B) on the first birthday of the license holder occurring after the date of application, except that the initial license used under this section expires on the second birthday of the license holder occurring after the date of application.

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(a).

SECTION 15. Subsection (j), Section 522.029, Transportation Code, as added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature, Regular Session, 2007, is repealed.

SECTION 16. 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 17. This Act takes effect September 1, 2009.

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