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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of, eligibility for, and use of limited |
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term personal identification certificates and driver's licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.111(c), Election Code, is amended to |
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read as follows: |
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(c) The training standards adopted under Subsection (a) |
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must: |
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(1) include provisions on the acceptance and handling |
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of the identification presented by a voter to an election officer |
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under Section 63.001; |
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(2) detail the types of driver's licenses and personal |
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identification cards that are acceptable forms of identification |
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under Section 63.0101; and |
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(3) require that training materials include a |
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photograph of a limited term driver's license and personal |
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identification card issued under Subchapter L-1, Chapter 521, |
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Transportation Code. |
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SECTION 2. Section 63.0101, Election Code, is amended to |
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read as follows: |
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Sec. 63.0101. DOCUMENTATION OF PROOF OF |
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IDENTIFICATION. The following documentation is an acceptable form |
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of photo identification under this chapter: |
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(1) a driver's license, election identification |
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certificate, or personal identification card, other than a limited |
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term driver's license or personal identification card issued under |
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Subchapter L-1, Chapter 521, Transportation Code, issued to the |
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person by the Department of Public Safety that has not expired or |
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that expired no earlier than 60 days before the date of |
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presentation; |
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(2) a United States military identification card that |
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contains the person's photograph that has not expired or that |
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expired no earlier than 60 days before the date of presentation; |
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(3) a United States citizenship certificate issued to |
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the person that contains the person's photograph; |
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(4) a United States passport issued to the person that |
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has not expired or that expired no earlier than 60 days before the |
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date of presentation; or |
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(5) a license to carry a handgun issued to the person |
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by the Department of Public Safety that has not expired or that |
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expired no earlier than 60 days before the date of presentation. |
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SECTION 3. Section 521.101(f), Transportation Code, is |
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amended to read as follows: |
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(f) A personal identification certificate: |
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(1) for an applicant who is a citizen, national, or |
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legal permanent resident of the United States [or a refugee or
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asylee lawfully admitted into the United States], expires on a date |
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specified by the department; or |
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(2) for an applicant not described by Subdivision (1), |
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expires on: |
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(A) the earlier of: |
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(i) a date specified by the department; or |
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(ii) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first anniversary of the date of |
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issuance, if there is no definite expiration date for the |
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applicant's authorized stay in the United States. |
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SECTION 4. Chapter 521, Transportation Code, is amended by |
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adding Subchapter L-1 to read as follows: |
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SUBCHAPTER L-1. LIMITED TERM DRIVER'S LICENSES AND PERSONAL |
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IDENTIFICATION CERTIFICATES |
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Sec. 521.261. DEFINITIONS. In this subchapter: |
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(1) "Limited term driver's license" means a driver's |
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license issued by the department with an expiration date set under |
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Section 521.271(a-2), (a-3), or (a-4), 521.2711(c), or |
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521.272(c)(2). |
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(2) "Limited term personal identification |
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certificate" means a personal identification certificate issued by |
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the department with an expiration date set under Section |
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521.101(f)(2). |
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Sec. 521.262. APPEARANCE. (a) The department shall: |
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(1) adopt rules regarding the design and content of a |
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limited term driver's license and personal identification |
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certificate; |
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(2) designate and clearly mark the license or |
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certificate as a limited term license or certificate; and |
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(3) orient the information on and design the color of a |
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limited term license and certificate to clearly distinguish limited |
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term licenses and certificates from other licenses and certificates |
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issued under this chapter. |
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(b) The department shall include the following statements |
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on each limited term driver's license: "This license is not |
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acceptable for official federal purposes. This license is issued |
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only as a license to drive a motor vehicle. This license does not |
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establish eligibility for employment, voter registration, or |
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public benefits." |
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(c) The department shall include the following statements |
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on each limited term personal identification certificate: "This |
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certificate is not acceptable for official federal purposes. This |
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certificate does not establish eligibility for employment, voter |
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registration, or public benefits." |
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Sec. 521.263. APPLICATION. (a) In addition to the |
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requirements of Section 521.142, an application for a limited term |
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driver's license or personal identification certificate must |
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include a complete set of thumbprints and fingerprints. |
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(b) For the purposes of complying with the requirements of |
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Sections 521.101, 521.142, and 521.1425 that an applicant provide |
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documentation that authorizes the applicant to be in the United |
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States, an applicant for a limited term driver's license or |
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personal identification certificate may not use as proof of the |
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applicant's residency status or lawful status: |
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(1) an employment authorization document issued |
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through the federal Deferred Action for Childhood Arrivals program; |
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or |
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(2) a reentry permit. |
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Sec. 521.264. EVIDENCE OF FINANCIAL RESPONSIBILITY. An |
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applicant for a limited term driver's license that provides |
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evidence of financial responsibility to comply with Section 521.143 |
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must establish financial responsibility through a motor vehicle |
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liability insurance policy that: |
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(1) complies with Chapter 601; and |
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(2) is prepaid and valid for at least a six-month |
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period after the date the person submits the application. |
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Sec. 521.265. ADMINISTRATION. The department is not |
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required to issue limited term driver's licenses and personal |
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identification certificates at all driver's license offices. The |
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department may designate driver's license offices to issue limited |
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term driver's licenses and personal identification certificates. |
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SECTION 5. Section 521.271, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.271. LICENSE EXPIRATION. (a) Each original |
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driver's license, provisional license, instruction permit, or |
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occupational driver's license issued to an applicant who is a |
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citizen, national, or legal permanent resident of the United States |
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[or a refugee or asylee lawfully admitted into the United States] |
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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 18th |
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birthday of the license holder; |
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(3) an instruction permit expires on the 18th birthday |
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of the license holder; |
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(4) an occupational driver's license expires on the |
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first anniversary of the court order granting the license; and |
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(5) unless an earlier date is otherwise provided, a |
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driver's license issued to a person whose residence or domicile is a |
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correctional facility or a parole facility expires on the first |
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birthday of the license holder occurring after the first |
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anniversary of the date of issuance. |
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(a-2) Each original driver's license issued to an applicant |
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who is not a citizen, national, or legal permanent resident of the |
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United States [or a refugee or asylee lawfully admitted into the
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United States] expires on: |
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(1) the earlier of: |
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(A) 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; or |
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(B) the expiration date of the license holder's |
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lawful presence in the United States as determined by the |
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appropriate United States agency in compliance with federal law; or |
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(2) the first anniversary of the date of issuance, if |
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there is no definite expiration date for the applicant's authorized |
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stay in the United States. |
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(a-3) Each original provisional license or instruction |
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permit issued to an applicant who is not a citizen, national, or |
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legal permanent resident of the United States [or a refugee or
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asylee lawfully admitted into the United States] expires on the |
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earliest of: |
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(1) the 18th birthday of the license holder; |
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(2) the first birthday of the license holder occurring |
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after the date of the application; or |
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(3) the expiration of the license holder's lawful |
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presence in the United States as determined by the United States |
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agency responsible for citizenship and immigration in compliance |
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with federal law. |
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(a-4) Each original occupational driver's license issued to |
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an applicant who is not a citizen, national, 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 on the earlier of: |
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(1) the first anniversary of the date of issuance; or |
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(2) the expiration of the license holder's lawful |
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presence in the United States as determined by the appropriate |
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United States agency in compliance with federal law. |
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(b) Except as provided by Section 521.2711, a driver's |
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license that is renewed expires on the earlier of: |
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(1) the sixth anniversary of the expiration date |
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before renewal if the applicant is a citizen, national, or legal |
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permanent resident of the United States [or a refugee or asylee
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lawfully admitted into the United States]; |
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(1-a) for an applicant not described by Subdivision |
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(1): |
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(A) the earlier of: |
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(i) the sixth anniversary of the expiration |
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date before renewal; or |
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(ii) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first anniversary of the date of |
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issuance, if there is no definite expiration date for the |
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applicant's authorized stay in the United States; or |
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(2) for a renewal driver's license issued to a person |
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whose residence or domicile is a correctional facility or a parole |
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facility, the first birthday of the license holder occurring after |
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the first anniversary of the date of issuance unless an earlier date |
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is otherwise provided. |
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SECTION 6. Section 521.2711(c), Transportation Code, is |
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amended to read as follows: |
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(c) Notwithstanding Subsections (a) and (b), an original or |
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renewal driver's license issued to an applicant who is 85 years of |
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age or older and not a citizen, national, 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 on: |
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(1) the earlier of: |
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(A) the second anniversary of the expiration date |
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before renewal; or |
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(B) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(2) the first anniversary of the date of issuance if |
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there is no definite expiration date for the applicant's authorized |
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stay in the United States. |
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SECTION 7. Section 521.272(c), Transportation Code, is |
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amended to read as follows: |
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(c) Notwithstanding Sections 521.271 and 521.2711, a |
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driver's license issued under this section, including a renewal, |
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duplicate, or corrected license, expires: |
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(1) if the license holder is a citizen, national, or |
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legal permanent resident of the United States [or a refugee or
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asylee lawfully admitted into the United States], on the first |
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birthday of the license holder occurring after the date of |
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application, except that the initial license issued under this |
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section expires on the second birthday of the license holder |
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occurring after the date of application; or |
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(2) if the applicant is not described by Subdivision |
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(1), on the earlier of: |
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(A) the expiration date of the applicant's |
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authorized stay in the United States; or |
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(B) the first birthday of the license holder |
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occurring after the date of application, except that the initial |
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license issued under this section expires on the second birthday of |
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the license holder occurring after the date of application. |
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SECTION 8. Section 521.421(a-3), Transportation Code, is |
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amended to read as follows: |
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(a-3) Except as provided by Subsections (a-1) and (a-2), the |
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fee for a driver's license or personal identification certificate |
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that is issued to a person who is not a citizen, national, or legal |
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permanent resident of the United States [or a refugee or asylee
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lawfully admitted into the United States] and that is valid for not |
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more than one year is $24. |
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SECTION 9. The changes in law made by this Act to Sections |
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521.101, 521.271, 521.2711, 521.272, and 521.421, Transportation |
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Code, apply only to a driver's license or personal identification |
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certificate issued or renewed on or after the effective date of this |
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Act. A driver's license or personal identification certificate |
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issued or renewed before the effective date of this Act is governed |
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by the law in effect when the license or certificate was issued or |
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renewed, and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2017. |