By: Carona, et al. S.B. No. 1785
 
  Substitute the following for S.B. No. 1785:
 
  By:  Merritt C.S.S.B. No. 1785
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of driver's licenses and personal
  identification certificates by the Department of Public Safety of
  the State of Texas, including enforcement measures against
  fictitious or fraudulently obtained licenses or certificates;
  providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 521.001(a), Transportation Code, is
  amended by adding Subsection (7-a) to read as follows:
         (7-a)  "Resident" means a person who lives in this state and
  has maintained residency in this state for a period of at least 90
  60 days at the time of application for a driver's license or
  personal identification certificate.
         SECTION 2.  Subchapter A, Chapter 521, Transportation Code,
  is amended by adding Section 521.007 to read as follows:
         Section 521.007.  REVIEW REQUIRED. (a) The Department shall
  create a section to review and reconcile issues related to an
  applicant's eligibility to meet identity and residency
  requirements for a driver's license or identification certificate.
         (b)  The Department of Public Safety shall develop customer
  service training requirements that at a minimum must be completed
  by the staff of the driver license division that interact with the
  public. Each new employee of the division that is required to
  complete this training, as a condition of employment, must do so by
  the end of the third month of employment. Thereafter, each employee
  that the training applies to shall participate annually in this
  training.
         (c)  The Department of Public Safety shall develop cultural
  diversity training requirements to be completed by the staff of the
  drivers license division that interact with the public. Each new
  employee of the division, as a condition of employment, must
  complete the training by the end of the third month of employment.
  Thereafter, each employee in the division shall participate
  annually in the diversity training.
         (d)  The Department of Public Safety shall develop training
  requirements regarding proof of citizenship documents. At a
  minimum, this training must be completed by the staff in the drivers
  license division that interact with the public. Each new employee
  of this division, as a condition of employment, must complete the
  training by the end of the third month of employment. Thereafter,
  each employee of the division shall participate annually in this
  training.
         SECTION 3.  Section 521.029, Transportation Code, is amended
  by adding Subdivision (7-a) to read as follows:
         Sec. 521.029.  OPERATION OF MOTOR VEHICLE BY NEW STATE
  RESIDENTS. (a) A person who enters this state as a new resident may
  operate a motor vehicle in this state for no more than 90 [30] days
  after the date on which the person enters this state if the person:
               (1)  is 16 years of age or older; and
               (2)  has in the person's possession a driver's license
  issued to the person by the person's state or country of previous
  residence.
         (b)  If a person subject to this section is prosecuted for
  operating a motor vehicle without a driver's license, the
  prosecution alleges that the person has resided in this state for
  more than 90 [30] days, and the person claims to have been covered
  by Subsection (a), the person must prove by the preponderance of the
  evidence that the person has not resided in this state for more than
  90 [30] days.
         SECTION 4.  Section 521.054, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  A person commits an offense if, with intent to defraud
  or harm another, the person fails or refuses to comply with
  Subsection (b) or (c). An offense under this subsection is a Class A
  misdemeanor.
         SECTION 5.  Subchapter C, Chapter 521, Transportation Code,
  is amended by adding Section 521.060 to read as follows:
         Sec. 521.060.  INTERNAL VERIFICATION SYSTEM. (a) The
  department by rule shall establish a system for identifying unique
  addresses that are submitted in license or certificate applications
  under this chapter or Chapter 522 in a frequency or number that, in
  the department's determination, casts doubt on whether the
  addresses are the actual addresses where the applicants reside. The
  internal verification may not be based on a driver's license or
  identification certificate holder's race or ethnicity.
         (b)  The department may contract with a third-party personal
  data verification service to assist the department in implementing
  this section. Any contract under this section must provide for the
  protection of personal data and information held by the department.
  All information given to a third-party personal data verification
  service shall only be used for verification of addresses under
  Subsection (a). A third-party contractor under this section may not
  copy, use, or retain the information provided by the department
  other than for the purposes of this section. Failure by a
  third-party personal data verification service to comply with this
  subsection shall result in cancellation of any contract entered
  into under this section.
         (c)  The department shall investigate the validity of
  addresses identified under Subsection (a).
         (d)  The department may deny issuance of a license or
  certificate to an applicant whose residence address cannot be
  verified. This subsection does not apply to:
               (1)  a person described by Sections 521.027; or
               (2)  a person who provides reasonable documentation of
  homelessness as defined by Section 725 of the McKinney Vento
  Homeless Assistance Act.
         SECTION 6.  Section 521.101, Transportation Code, is amended
  by amending Subsections (d) and adding Subsections (d-1), (j), and
  (k) to read as follows:
         (d)  The department may require each applicant for an
  original, renewal, or duplicate personal identification
  certificate to furnish to the department the information required
  by Section 521.142.
         (d-1)  Unless the information has been previously provided
  to the department, the department shall require each applicant for
  an original personal identification certificate or applicants that
  received an original personal identification certificate to
  furnish to the department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation establishing lawful presence in the
  United States.
         (j)  The department may deny issuance of a personal
  identification certificate to a person who has not established a
  domicile in this state. This subsection does not apply to:
               (1)  a person described by Sections 521.027; or
               (2)  a person who presents a certificate of
  homelessness as approved by the federal government.
         (k)  Except as provided by this section, each personal
  identification certificate issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation;
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 7.  Subchapter E, Chapter 521, Transportation Code,
  is amended by adding Section 521.102 to read as follows:
         Sec. 521.102.  TEMPORARY PERSONAL IDENTIFICATION
  CERTIFICATES UPON APPLICATION FOR EXTENDED LAWFUL PRESENCE. (a) The
  department shall issue a temporary personal identification
  certificate to the holder of certificate which expired because the
  holder's lawful presence in the United States has expired, provided
  the holder of the certificate appears in person and presents to the
  department proof of application for an extension of lawful presence
  in the United States with the federal government.
         (b)  A temporary personal identification certificate issued
  under this section expires 120 days after the expiration of the
  expiring certificate.
         (c)  The department may issue a subsequent temporary
  personal identification certificate if the holder of the
  certificate again appears in person and presents to the department
  updated information regarding the status of the application for an
  extension of lawful presence in the United States with the federal
  government. The department shall not issue a subsequent temporary
  personal identification certificate for any period which extends
  beyond one year from the date the holder's lawful presence in the
  United States expired.
         SECTION 8.  Section 521.121, Transportation Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  Except as provided by this subchapter, each driver's
  license issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation;
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         SECTION 9.  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 establishing lawful presence in the
  United States.
         SECTION 10.  Subchapter G, Chapter 521, Transportation Code,
  is amended by adding Sections 521.1426 and 521.1427 to read as
  follows:
         Sec. 521.1426.  POST OFFICE BOX NOT VALID AS ADDRESS. (a) In
  this section, "post office box address" means a United States
  Postal Service post office box address or a private mailbox
  address.
         (b)  Unless an exception exists under state or federal law,
  an applicant may receive delivery of a license or a personal
  identification certificate at a post office box address only if the
  applicant has provided the department the physical address where
  the applicant resides.
         (c)  The department may require the applicant to provide
  documentation that the department determines necessary to verify
  the validity of the physical address provided under Subsection (b).
         (d)  The department may contract with a third-party personal
  data verification service to assist the department in implementing
  this section. Any contract under this section must provide for the
  protection of personal data and information held by the department.
  All information given to a third-party personal data verification
  service shall only be used for verification of addresses under
  Subsection (a). A third-party contractor under this section may not
  copy, use, or retain the information provided by the department
  other than for the purposes of this section. Failure by a
  third-party personal data verification service to comply with this
  subsection shall result in cancellation of any contract entered
  into under this section.
         SECTION 11.  Subchapter G, Chapter 521, Transportation Code,
  is amended by adding Section 521.149 to read as follows:
         Sec. 521.149.  TEMPORARY DRIVER'S LICENSE UPON APPLICATION
  FOR EXTENDED LAWFUL PRESENCE. (a) The department shall issue a
  temporary driver's license to the holder of license which expired
  because the holder's lawful presence in the United States has
  expired, provided the holder of the license appears in person and
  presents to the department proof of application for an extension of
  lawful presence in the United States with the federal government.
         (b)  A temporary driver's license issued under this section
  expires 120 days after the expiration of the expiring license.
         (c)  The department may issue a subsequent temporary
  driver's license if the holder of the certificate again appears in
  person and presents to the department updated information regarding
  the status of the application for an extension of lawful presence in
  the United States with the federal government. The department shall
  not issue a subsequent temporary driver's license for any period
  which extends beyond one year from the date which the holder's
  lawful presence in the United States expired.
         SECTION 12.  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)  Any driver's license or identification certificate
  issued pursuant to Subchapter A through Subchapter S of this
  Chapter to a person other than those listed in Section 521.271(a)
  expires:
               (1)  upon the expiration of the person's temporary
  lawful presence in the United States but not to exceed the maximum
  term for the type of driver's license or identification
  certificate; or
               (2)  two years from the date of issuance if there is no
  fixed expiration of the temporary lawful presence.
         SECTION 13.  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 identification
  certificate issued to a person subject to the provision of 521.271
  (a-1)(1) 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.
         (a-2)  The fee for a driver's license or personal
  identification certificate that is issued to a person subject to
  the provision of 521.271 (a-1)(2) and that is not valid for more
  than one year is $15.
         (c)  The fee for issuance or renewal of a provisional license
  or instruction permit is $10 [$5].
         SECTION 14.  Sections 522.021(c) and (c-1), Transportation
  Code, are 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)].
         (c-1)  If the department requires proof of an applicant's
  identity as part of an application under this section, the
  department must accept [as satisfactory proof of identity] an
  offender identification card or similar form of identification
  issued to an inmate by the Texas Department of Criminal Justice.
         SECTION 15.  Subchapter C, Chapter 522, Transportation Code,
  is amended by adding Sections 522.0225 and 522.0226 to read as
  follows:
         Sec. 522.0225.  POST OFFICE BOX NOT VALID AS ADDRESS. (a) In
  this section, "post office box address" means a United States
  Postal Service post office box address or a private mailbox
  address.
         (b)  Unless an exception exists under state or federal law,
  an applicant may receive delivery of a license or a personal
  identification certificate at a post office box address only if the
  applicant has provided the department the physical address where
  the applicant resides.
         (c)  The department may require the applicant to provide
  documentation that the department determines necessary to verify
  the validity of the physical address provided under Subsection (b).
         (d)  The department may contract with a third-party personal
  data verification service to assist the department in implementing
  this section. Any contract under this section must provide for the
  protection of personal data and information held by the department.
  All information given to a third-party personal data verification
  service shall only be used for verification of addresses under
  Subsection (a). A third-party contractor under this section may not
  copy, use, or retain the information provided by the department
  other than for the purposes of this section. Failure by a
  third-party personal data verification service to comply with this
  subsection shall result in cancellation of any contract entered
  into under this section.
         SECTION 16.  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 issued to a
  person subject to the provision of 522.051(g)(1) that is valid for
  more than one year is $100 for the first year and $25 for each
  additional year or portion of a year.
         (l)  The fee for a driver's license or personal
  identification certificate that is issued to a person subject to
  the provision of 522.051(g)(2) and that is not valid for more than
  one year is $100.
         (m)  The fee for a temporary nonresident commercial driver's
  license is $25.
         SECTION 17.  Section 522.029(f), 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 $10 [$8].
         SECTION 18.  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)  Except as provided by this subchapter, each commercial
  driver's license issued by the department:
               (1)  must:
                     (A)  be in the same format;
                     (B)  have the same appearance and orientation; and
                     (C)  contain the same type of information; and
               (2)  may not include any information that this chapter
  does not reference or require.
         (c)  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 19.  Subchapter C, Chapter 522, Transportation Code,
  is amended by adding Section 522.035 to read as follows:
         Sec. 522.035.  TEMPORARY COMMERCIAL DRIVER'S LICENSE. (a)
  This section applies only to an applicant for a renewal commercial
  driver's license whose commercial driver's license expired because
  the person's authorization to lawfully be in the United States
  expired.
         (b)  If the applicant provides evidence satisfactory to the
  department that the person has applied to the federal agency
  responsible for citizenship and immigration for a renewal of the
  person's authorization to be in the United States and otherwise
  qualifies for the driver's license, the department shall issue the
  applicant a temporary commercial driver's license.
         (c)  A temporary commercial driver's license issued under
  Subsection (b) expires on the 120th day after the date the most
  recent commercial driver's license issued to the person expired.
  The department shall not issue a subsequent temporary commercial
  driver's license for any period which extends beyond one year from
  the date which the holder's original certificate expired because
  the holder's lawful presence in the United States expired.
         SECTION 20.  Section 522.051, Transportation Code, is
  amended by Subsection (g) to read as follows:
         (g)  Any commercial driver's license issued pursuant to
  Subchapter A through Subchapter I of this Chapter issued to a person
  other than those listed in Section 521.271(a) expires:
               (1)  upon the expiration of the person's temporary
  lawful presence in the United States but not to exceed the maximum
  term for the type of driver's license or identification
  certificate; or
               (2)  two years from the date of issuance if there is no
  fixed expiration of the temporary lawful presence.
         SECTION 21.  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 establishing lawful presence in the
  United States.
         SECTION 22.  Section 522.029(j), Transportation Code, as
  added by Chapter 1319 (S.B. 1260), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.
         SECTION 23.  The changes in law made by this article 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 article. 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 article 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 24.  This article takes effect September 1, 2009.