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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of driver's licenses and personal |
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identification certificates by the Department of Public Safety of |
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the State of Texas, including enforcement measures against |
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fictitious or fraudulently obtained licenses or certificates; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.001(a), Transportation Code, is |
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amended by adding Subsection (7-a) to read as follows: |
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(7-a) "Resident" means a person who lives in this state and |
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has maintained residency in this state for a period of at least 90
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60 days at the time of application for a driver's license or |
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personal identification certificate. |
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SECTION 2. Subchapter A, Chapter 521, Transportation Code, |
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is amended by adding Section 521.007 to read as follows: |
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Section 521.007. REVIEW REQUIRED. (a) The Department shall |
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create a section to review and reconcile issues related to an |
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applicant's eligibility to meet identity and residency |
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requirements for a driver's license or identification certificate. |
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(b) The Department of Public Safety shall develop customer |
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service training requirements that at a minimum must be completed |
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by the staff of the driver license division that interact with the |
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public. Each new employee of the division that is required to |
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complete this training, as a condition of employment, must do so by |
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the end of the third month of employment. Thereafter, each employee |
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that the training applies to shall participate annually in this |
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training. |
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(c) The Department of Public Safety shall develop cultural |
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diversity training requirements to be completed by the staff of the |
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drivers license division that interact with the public. Each new |
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employee of the division, as a condition of employment, must |
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complete the training by the end of the third month of employment. |
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Thereafter, each employee in the division shall participate |
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annually in the diversity training. |
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(d) The Department of Public Safety shall develop training |
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requirements regarding proof of citizenship documents. At a |
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minimum, this training must be completed by the staff in the drivers |
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license division that interact with the public. Each new employee |
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of this division, as a condition of employment, must complete the |
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training by the end of the third month of employment. Thereafter, |
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each employee of the division shall participate annually in this |
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training. |
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SECTION 3. Section 521.029, Transportation Code, is amended |
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by adding Subdivision (7-a) to read as follows: |
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Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE |
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RESIDENTS. (a) A person who enters this state as a new resident may |
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operate a motor vehicle in this state for no more than 90 [30] days |
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after the date on which the person enters this state if the person: |
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(1) is 16 years of age or older; and |
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(2) has in the person's possession a driver's license |
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issued to the person by the person's state or country of previous |
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residence. |
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(b) If a person subject to this section is prosecuted for |
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operating a motor vehicle without a driver's license, the |
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prosecution alleges that the person has resided in this state for |
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more than 90 [30] days, and the person claims to have been covered |
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by Subsection (a), the person must prove by the preponderance of the |
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evidence that the person has not resided in this state for more than |
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90 [30] days. |
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SECTION 4. Section 521.054, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) A person commits an offense if, with intent to defraud |
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or harm another, the person fails or refuses to comply with |
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Subsection (b) or (c). An offense under this subsection is a Class A |
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misdemeanor. |
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SECTION 5. Subchapter C, Chapter 521, Transportation Code, |
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is amended by adding Section 521.060 to read as follows: |
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Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The |
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department by rule shall establish a system for identifying unique |
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addresses that are submitted in license or certificate applications |
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under this chapter or Chapter 522 in a frequency or number that, in |
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the department's determination, casts doubt on whether the |
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addresses are the actual addresses where the applicants reside. The |
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internal verification may not be based on a driver's license or |
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identification certificate holder's race or ethnicity. |
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(b) The department may contract with a third-party personal |
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data verification service to assist the department in implementing |
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this section. Any contract under this section must provide for the |
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protection of personal data and information held by the department. |
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All information given to a third-party personal data verification |
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service shall only be used for verification of addresses under |
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Subsection (a). A third-party contractor under this section may not |
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copy, use, or retain the information provided by the department |
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other than for the purposes of this section. Failure by a |
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third-party personal data verification service to comply with this |
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subsection shall result in cancellation of any contract entered |
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into under this section. |
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(c) The department shall investigate the validity of |
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addresses identified under Subsection (a). |
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(d) The department may deny issuance of a license or |
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certificate to an applicant whose residence address cannot be |
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verified. This subsection does not apply to: |
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(1) a person described by Sections 521.027; or |
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(2) a person who provides reasonable documentation of |
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homelessness as defined by Section 725 of the McKinney Vento |
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Homeless Assistance Act. |
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SECTION 6. Section 521.101, Transportation Code, is amended |
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by amending Subsections (d) and adding Subsections (d-1), (j), and |
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(k) to read as follows: |
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(d) The department may require each applicant for an |
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original, renewal, or duplicate personal identification |
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certificate to furnish to the department the information required |
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by Section 521.142. |
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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 personal identification certificate or applicants that |
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received an original personal identification certificate to |
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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 establishing lawful presence in the |
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United States. |
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(j) The department may deny issuance of a personal |
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identification certificate to a person who has not established a |
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domicile in this state. This subsection does not apply to: |
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(1) a person described by Sections 521.027; or |
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(2) a person who presents a certificate of |
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homelessness as approved by the federal government. |
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(k) Except as provided by this section, each personal |
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identification certificate issued by the department: |
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(1) must: |
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(A) be in the same format; |
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(B) have the same appearance and orientation; |
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(C) contain the same type of information; and |
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(2) may not include any information that this chapter |
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does not reference or require. |
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SECTION 7. Subchapter E, Chapter 521, Transportation Code, |
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is amended by adding Section 521.102 to read as follows: |
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Sec. 521.102. TEMPORARY PERSONAL IDENTIFICATION |
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CERTIFICATES UPON APPLICATION FOR EXTENDED LAWFUL PRESENCE. (a) The |
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department shall issue a temporary personal identification |
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certificate to the holder of certificate which expired because the |
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holder's lawful presence in the United States has expired, provided |
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the holder of the certificate appears in person and presents to the |
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department proof of application for an extension of lawful presence |
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in the United States with the federal government. |
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(b) A temporary personal identification certificate issued |
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under this section expires 120 days after the expiration of the |
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expiring certificate. |
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(c) The department may issue a subsequent temporary |
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personal identification certificate if the holder of the |
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certificate again appears in person and presents to the department |
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updated information regarding the status of the application for an |
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extension of lawful presence in the United States with the federal |
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government. The department shall not issue a subsequent temporary |
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personal identification certificate for any period which extends |
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beyond one year from the date the holder's lawful presence in the |
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United States expired. |
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SECTION 8. Section 521.121, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Except as provided by this subchapter, each driver's |
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license issued by the department: |
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(1) must: |
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(A) be in the same format; |
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(B) have the same appearance and orientation; |
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(C) contain the same type of information; and |
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(2) may not include any information that this chapter |
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does not reference or require. |
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SECTION 9. 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 establishing lawful presence in the |
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United States. |
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SECTION 10. Subchapter G, Chapter 521, Transportation Code, |
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is amended by adding Sections 521.1426 and 521.1427 to read as |
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follows: |
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Sec. 521.1426. POST OFFICE BOX NOT VALID AS ADDRESS. (a) In |
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this section, "post office box address" means a United States |
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Postal Service post office box address or a private mailbox |
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address. |
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(b) Unless an exception exists under state or federal law, |
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an applicant may receive delivery of a license or a personal |
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identification certificate at a post office box address only if the |
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applicant has provided the department the physical address where |
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the applicant resides. |
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(c) The department may require the applicant to provide |
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documentation that the department determines necessary to verify |
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the validity of the physical address provided under Subsection (b). |
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(d) The department may contract with a third-party personal |
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data verification service to assist the department in implementing |
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this section. Any contract under this section must provide for the |
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protection of personal data and information held by the department. |
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All information given to a third-party personal data verification |
|
service shall only be used for verification of addresses under |
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Subsection (a). A third-party contractor under this section may not |
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copy, use, or retain the information provided by the department |
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other than for the purposes of this section. Failure by a |
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third-party personal data verification service to comply with this |
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subsection shall result in cancellation of any contract entered |
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into under this section. |
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SECTION 11. Subchapter G, Chapter 521, Transportation Code, |
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is amended by adding Section 521.149 to read as follows: |
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Sec. 521.149. TEMPORARY DRIVER'S LICENSE UPON APPLICATION |
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FOR EXTENDED LAWFUL PRESENCE. (a) The department shall issue a |
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temporary driver's license to the holder of license which expired |
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because the holder's lawful presence in the United States has |
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expired, provided the holder of the license appears in person and |
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presents to the department proof of application for an extension of |
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lawful presence in the United States with the federal government. |
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(b) A temporary driver's license issued under this section |
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expires 120 days after the expiration of the expiring license. |
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(c) The department may issue a subsequent temporary |
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driver's license if the holder of the certificate again appears in |
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person and presents to the department updated information regarding |
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the status of the application for an extension of lawful presence in |
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the United States with the federal government. The department shall |
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not issue a subsequent temporary driver's license for any period |
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which extends beyond one year from the date which the holder's |
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lawful presence in the United States expired. |
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SECTION 12. Section 521.271, Transportation Code, is |
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amended 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 or legal permanent |
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resident of the United States or a refugee or asylee lawfully |
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admitted into the United States 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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(a-1) Any driver's license or identification certificate |
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issued pursuant to Subchapter A through Subchapter S of this |
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Chapter to a person other than those listed in Section 521.271(a) |
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expires: |
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(1) upon the expiration of the person's temporary |
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lawful presence in the United States but not to exceed the maximum |
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term for the type of driver's license or identification |
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certificate; or |
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(2) two years from the date of issuance if there is no |
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fixed expiration of the temporary lawful presence. |
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SECTION 13. Section 521.421, Transportation Code, is |
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amended by adding Subsections (a-1) and (a-2) and amending |
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Subsection (c) to read as follows: |
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(a-1) The fee for a driver's license or identification |
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certificate issued to a person subject to the provision of 521.271 |
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(a-1)(1) that is valid for more than one year is $15 for the first |
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year and $10 for each additional year or portion of a year. |
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(a-2) The fee for a driver's license or personal |
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identification certificate that is issued to a person subject to |
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the provision of 521.271 (a-1)(2) and that is not valid for more |
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than one year is $15. |
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(c) The fee for issuance or renewal of a provisional license |
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or instruction permit is $10 [$5]. |
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SECTION 14. Sections 522.021(c) and (c-1), Transportation |
|
Code, are 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 to |
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verify the information required by this section [Subsection (a)]. |
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(c-1) If the department requires proof of an applicant's |
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identity as part of an application under this section, the |
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department must accept [as satisfactory proof of identity] an |
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offender identification card or similar form of identification |
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issued to an inmate by the Texas Department of Criminal Justice. |
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SECTION 15. Subchapter C, Chapter 522, Transportation Code, |
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is amended by adding Sections 522.0225 and 522.0226 to read as |
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follows: |
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Sec. 522.0225. POST OFFICE BOX NOT VALID AS ADDRESS. (a) In |
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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. |
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(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). |
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(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. |
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SECTION 16. Section 522.029, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsections (k), (l) |
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and (m) to 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), (k), (l), and (m). |
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(k) The fee for a commercial driver's license issued to a |
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person subject to the provision of 522.051(g)(1) that is valid for |
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more than one year is $100 for the first year and $25 for each |
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additional year or portion of a year. |
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(l) The fee for a driver's license or personal |
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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. |
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(m) The fee for a temporary nonresident commercial driver's |
|
license is $25. |
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SECTION 17. Section 522.029(f), Transportation Code, as |
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added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, |
|
Regular Session, 1997, is relettered as Subsection (f-1) to read as |
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follows: |
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(f-1) [(f)] If a commercial driver's license or commercial |
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driver learner's permit includes an authorization to operate a |
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motorcycle or moped, the fee for the driver's license or permit is |
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increased by $10 [$8]. |
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SECTION 18. 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) 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, |
|
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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(b) Except as provided by this subchapter, each commercial |
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driver's license issued by the department: |
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(1) must: |
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(A) be in the same format; |
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(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. |
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(c) To the extent of a conflict or inconsistency between |
|
this section and Section 522.013 or 522.051, Section 522.013 or |
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522.051 controls. |
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SECTION 19. Subchapter C, Chapter 522, Transportation Code, |
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is amended by adding Section 522.035 to read as follows: |
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Sec. 522.035. TEMPORARY COMMERCIAL DRIVER'S LICENSE. (a) |
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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. |
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(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. |