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.