| TO: | Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | HB2805 by Phillips (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.), As Introduced |
The bill would amend Transportation Code, Chapters 521 and 522 which would require the Department of Public Safety (DPS) to maintain suitable indexes, in alphabetical or numerical order that contain the citizenship status of each holder of a license or identification certificate. The bill states DPS shall require applicants for an identification certificate to provide proof of United States citizenship or proof of lawful presence. The bill requires a person who is not a citizen of the United States to present documentation issued by the United States agency responsible for citizenship and immigration authorizing the person to be in the United States before the applicant may be issued a driver’s license or identification card. The bill establishes expiration dates for driver licenses issued to people who are not citizens or legal permanent residents of the United States or a refugee or asylee lawfully admitted into the United States. The bill also establishes fee amounts for various issuances of the license or personal identification certificate issued to applicants who are not citizens of the United States. The bill would take effect on September 1, 2011.
The Department of Public Safety (DPS) indicates the bill creates ambiguity in Chapter 522 of the Texas Transportation Code, particularly sections 11 and 12, regarding the issuance of commercial driver licenses to individuals who are not citizens, lawful permanent residents, refugees, and asylees. These individuals are already issued nonresident commercial driver licenses under existing federal regulations and Texas statutes. Furthermore, DPS indicates it would not interpret any ambiguous language in HB 2805 in a way that would place Texas out of compliance with federal commercial driver license regulations.
The Comptroller of Public Accounts (CPA) indicates the number of noncitizens who would apply for these licenses or certificates is unknown. Therefore, the fiscal impact of the fee amounts established by the bill cannot be determined.
| Source Agencies: | 304 Comptroller of Public Accounts, 405 Department of Public Safety
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| LBB Staff: | JOB, ESi, GG
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