SB 1729, Hse 2nd Rdg, Amnd #2

(1) On page 1, line 10, strike "LICENSE" and substitute "LICENSE, TEXAS RESIDENT DRIVER'S PERMIT,".

(2) On page 1, line 13, between "license," and "election", insert "Texas resident driver's permit,".

(3) On page 1, line 24, between "licenses," and "election", insert "Texas resident driver's permits,".

(4) On page 2, line 5, between "license," and "election", insert "Texas resident driver's permit,".

(5) On page 2, line 12, after "licenses,", add "Texas resident driver's permits,".

(6) On page 2, line 17, between "Subchapter H" and the underlined period, insert "or Texas resident driver's permit applicants under Subchapter K-1".

(7) On page 2, line 20, between "license" and "or", insert ", Texas resident driver's permit,".

(8) On page 3, line 9, between "license" and "and", insert ", Texas resident driver's permit,".

(9) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Chapter 521, Transportation Code, is amended by adding Subchapter K-1 to read as follows:

SUBCHAPTER K-1. TEXAS RESIDENT DRIVER'S PERMIT

Sec. 521.231. ELIGIBILITY. The department may issue a Texas resident driver's permit to a person who:

(1) as of the date the permit is issued, has resided in this state for at least one year;

(2) is unable to present to the department documentation issued by the United States agency responsible for citizenship and immigration authorizing the person to be in the United States; and

(3) has not been finally convicted of a Class B misdemeanor, a Class A misdemeanor, or any felony offense.

Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS. (a) A Texas resident driver's permit issued under this subchapter is not valid as proof of the permit holder's identity for any federal purposes.

(b) The department shall:

(1) designate and clearly mark as a Texas resident driver's permit each permit issued under this subchapter;

(2) designate and clearly mark as a provisional Texas resident driver's permit each permit issued under this subchapter to a person who is at least 16 years of age but younger than 18 years of age; and

(3) include on a permit issued under this subchapter an indication that the permit is not valid proof of identity for any federal purposes.

(c) Except as otherwise provided by this chapter, a person who holds a Texas resident driver's permit is subject to the laws of this state applicable to the holder of an original or duplicate driver's license.

(d) Except as otherwise provided by this chapter, an applicant for a Texas resident driver's permit who is at least 16 years of age but younger than 18 years of age is subject to the laws of this state applicable to a holder of a provisional license.

(e) The department shall adopt rules:

(1) regarding the design and content of the Texas resident driver's permit;

(2) establishing criteria for proof of identification and residency of an applicant; and

(3) regarding the issuance of Texas resident driver's instruction permits.

Sec. 521.233. APPLICATION. (a) An application for a Texas resident driver's permit must state the applicant's full name and place and date of birth. This information must be verified by presentation of a current passport or consular document issued to the applicant by the country of which the applicant is a citizen.

(b) The application must include:

(1) a complete electronic set of the applicant's fingerprints;

(2) a photograph of the applicant;

(3) the signature of the applicant;

(4) a brief description of the applicant; and

(5) any information necessary for performing a criminal history background check on the applicant.

(1) the sex of the applicant;

(2) the residence address of the applicant;

(3) whether the applicant has been licensed to drive a motor vehicle before;

(4) if previously licensed:

(A) when and by what state or country;

(B) whether that license has been suspended or revoked or a license application denied; and

(5) the county of residence of the applicant.

(d) If the applicant is younger than 21 years of age, the application must state whether the applicant has completed a driver education course required by Section 521.1601.

(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 state law.

(f) Information supplied to the department relating to an applicant's medical history is for the confidential use of the department and may not be disclosed to any person or used as evidence in a legal proceeding other than a proceeding under Subchapter N. This subsection does not apply to information provided by an applicant under Subsection (g).

(g) The application must provide space for the applicant to voluntarily list any health condition that may impede communication with a peace officer as evidenced by a written statement from a licensed physician.

Sec. 521.234. FEES. (a) The fee for applying for an original Texas resident driver's permit is $150.

(b) The fee for issuance or renewal of a Texas resident driver's permit is $24.

(c) The fee for issuance of a provisional Texas resident driver's permit or Texas resident driver's instruction permit is $15.

Sec. 521.235. EXPIRATION. (a) Each Texas resident driver's permit issued under this subchapter expires two years after the date of issuance.

(b) Each provisional Texas resident driver's permit and Texas resident driver's instruction permit issued under this subchapter expires on the 18th birthday of the permit holder.

Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A Texas resident driver's permit is invalid if, on request of a peace officer, the permit holder is unable to provide evidence of financial responsibility for a motor vehicle the permit holder is operating.

(b) A holder of a Texas resident driver's permit who cannot produce proof of financial responsibility commits an offense punishable under Section 521.457.

SECTION ____. Section 521.457(a), Transportation Code, is amended to read as follows:

(a) A person commits an offense if the person operates a motor vehicle on a highway:

(1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;

(2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;

(3) while the person's driver's license is expired if the license expired during a period of suspension; [or]

(4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter; or

(5) if the person holds a Texas resident driver's permit issued under Subchapter K-1 and is unable to provide evidence of financial responsibility for a vehicle the permit holder is operating, as required under Section 521.236.

SECTION ____. Not later than January 1, 2014, the Department of Public Safety of the State of Texas shall:

(1) adopt the rules necessary to implement Subchapter K-1, Chapter 521, Transportation Code, as added by this Act; and

(2) create the application form required by Section 521.233, Transportation Code, as added by this Act.