83R4495 AJZ-D
 
  By: Burnam H.B. No. 3737
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a temporary visitor's driver's license,
  provisional temporary visitor's driver's license, and temporary
  visitor's instruction permit; authorizing a fee; creating an
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 521, Transportation Code, is amended by
  adding Subchapter K-1 to read as follows:
  SUBCHAPTER K-1. TEMPORARY VISITOR'S DRIVER'S LICENSE
         Sec. 521.231.  ELIGIBILITY.  The department may issue a
  temporary visitor's driver's license to a person who:
               (1)  as of the date the license is issued, has resided
  in this state for at least one year;
               (2)  is ineligible to obtain a social security number;
  and
               (3)  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.
         Sec. 521.232.  TEMPORARY VISITOR'S DRIVER'S LICENSE
  REQUIREMENTS.  (a)  A temporary visitor's driver's license issued
  under this subchapter is not valid as proof of the license holder's
  identity.
         (b)  The department shall:
               (1)  designate and clearly mark as a temporary
  visitor's driver's license each license issued under this
  subchapter;
               (2)  designate and clearly mark as a provisional
  temporary visitor's driver's license each license 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 license issued under this subchapter
  an indication that the license is not valid proof of identity.
         (c)  Except as otherwise provided by this chapter, a person
  who holds a temporary visitor's driver's license 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 temporary visitor's driver's license 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 temporary
  visitor's driver's license;
               (2)  establishing criteria for proof of identification
  and residency of an applicant;
               (3)  designating acceptable evidence that an applicant
  is not eligible for a social security number; and
               (4)  regarding the issuance of temporary visitor's
  instruction permits.
         Sec. 521.233.  APPLICATION.  (a)  An application for a
  temporary visitor's driver's license 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)  the thumbprints of the applicant or, if
  thumbprints cannot be taken, the index fingerprints of the
  applicant;
               (2)  a photograph of the applicant;
               (3)  the signature of the applicant; and
               (4)  a brief description of the applicant.
         (c)  The application must state:
               (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
                     (C)  the date and reason for the suspension,
  revocation, or denial; 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 issuance or renewal of
  a temporary visitor's driver's license is $24.
         (b)  The fee for issuance of a provisional temporary
  visitor's driver's license or temporary visitor's instruction
  permit is $15.
         Sec. 521.235.  EXPIRATION.  (a)  Each temporary visitor's
  driver's license issued under this subchapter expires three years
  after the date of issuance.
         (b)  Each provisional temporary visitor's driver's license
  and temporary visitor's instruction permit issued under this
  subchapter expires on the 18th birthday of the license holder.
         Sec. 521.236.  FINANCIAL RESPONSIBILITY REQUIREMENT.  (a)  A
  temporary visitor's driver's license is invalid if, on request of a
  peace officer, the license holder is unable to provide evidence of
  financial responsibility for a motor vehicle the license holder is
  operating.
         (b)  A holder of a temporary visitor's driver's license who
  cannot produce proof of financial responsibility commits an offense
  punishable under Section 521.457.
         SECTION 2.  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 temporary visitor's driver's
  license issued under Subchapter K-1 and is unable to provide
  evidence of financial responsibility for a vehicle the license
  holder is operating, as required under Section 521.236.
         SECTION 3.  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.
         SECTION 4.  This Act takes effect September 1, 2013.