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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a Texas resident driver's permit, |
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provisional Texas resident driver's permit, and Texas resident |
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driver's instruction permit and the amount and allocation of state |
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traffic fine funds; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 521, Transportation Code, is amended by |
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adding Subchapter K-1 to read as follows: |
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SUBCHAPTER K-1. TEXAS RESIDENT DRIVER'S PERMIT |
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Sec. 521.231. ELIGIBILITY. The department may issue a |
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Texas resident driver's permit to a person who: |
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(1) as of the date the permit is issued, has resided in |
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this state for at least one year; |
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(2) is unable to present to the department |
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documentation issued by the United States agency responsible for |
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citizenship and immigration authorizing the person to be in the |
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United States; and |
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(3) has not been finally convicted of a felony |
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offense. |
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Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS. |
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(a) A Texas resident driver's permit issued under this subchapter |
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is not valid as proof of the permit holder's identity for a federal |
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purpose. |
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(b) The department shall: |
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(1) designate and clearly mark as a Texas resident |
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driver's permit each permit issued under this subchapter; |
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(2) designate and clearly mark as a provisional Texas |
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resident driver's permit each permit issued under this subchapter |
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to a person who is at least 16 years of age but younger than 18 years |
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of age; and |
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(3) include on a permit issued under this subchapter |
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an indication that the permit is not valid on proof of identity for |
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a federal purpose. |
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(c) Except as otherwise provided by this chapter, a person |
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who holds a Texas resident driver's permit is subject to the laws of |
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this state applicable to the holder of an original or duplicate |
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driver's license. |
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(d) Except as otherwise provided by this chapter, an |
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applicant for a Texas resident driver's permit who is at least 16 |
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years of age but younger than 18 years of age is subject to the laws |
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of this state applicable to a holder of a provisional license. |
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(e) The department shall adopt rules: |
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(1) regarding the design and content of the Texas |
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resident driver's permit; |
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(2) establishing criteria for proof of identification |
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and residency of an applicant; and |
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(3) regarding the issuance of Texas resident driver's |
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instruction permits. |
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(f) Except as otherwise provided by this chapter, the |
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department shall design the Texas resident driver's permit to |
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appear substantially similar to the design and orientation of a |
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driver's license. |
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Sec. 521.233. APPLICATION. (a) An application for a Texas |
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resident driver's permit must state the applicant's full name and |
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place and date of birth. This information must be verified by |
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presentation of: |
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(1) a current passport or consular document issued to |
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the applicant by the country of which the applicant is a citizen; or |
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(2) another identification document the department |
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determines by rule is acceptable as proof of the information. |
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(b) The application must include: |
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(1) a complete electronic set of the applicant's |
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fingerprints; |
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(2) a photograph of the applicant; |
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(3) the signature of the applicant; |
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(4) a brief description of the applicant; and |
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(5) any information necessary for performing a |
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criminal history background check on the applicant. |
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(c) The application must state: |
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(1) the sex of the applicant; |
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(2) the residence address of the applicant; |
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(3) whether the applicant has been licensed to drive a |
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motor vehicle before; |
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(4) if previously licensed, when and by what state or |
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country; and |
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(5) the county of residence of the applicant. |
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(d) If the applicant is younger than 21 years of age, the |
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application must state whether the applicant has completed a driver |
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education course required by Section 521.1601. |
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(e) Information supplied to the department relating to an |
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applicant's medical history is for the confidential use of the |
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department and may not be disclosed to any person or used as |
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evidence in a legal proceeding other than a proceeding under |
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Subchapter N. This subsection does not apply to information |
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provided by an applicant under Subsection (g). |
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(f) Information supplied to the department relating to an |
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applicant's criminal history or immigration status is for the |
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confidential use of the department and may not be disclosed to any |
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person or used as evidence in a legal proceeding. |
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(g) The application must provide space for the applicant to |
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voluntarily list any health condition that may impede communication |
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with a peace officer as evidenced by a written statement from a |
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licensed physician. |
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Sec. 521.234. FEES. (a) The fee for applying for an |
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original Texas resident driver's permit is $150. |
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(b) The fee for issuance or renewal of a Texas resident |
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driver's permit is $100. |
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(c) The fee for issuance of a provisional Texas resident |
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driver's permit or Texas resident driver's instruction permit is |
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$100. |
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(d) Fees collected under this section shall be remitted to |
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the comptroller. The comptroller shall deposit money received under |
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this section to the credit of the designated trauma facility and |
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emergency medical services account under Section 780.003, Health |
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and Safety Code. |
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Sec. 521.235. EXPIRATION. (a) Each Texas resident |
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driver's permit issued under this subchapter expires two years |
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after the date of issuance. |
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(b) Each provisional Texas resident driver's permit and |
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Texas resident driver's instruction permit issued under this |
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subchapter expires on the 18th birthday of the permit holder. |
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Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A |
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Texas resident driver's permit is invalid if, on request of a peace |
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officer, the permit holder is unable to provide evidence of |
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financial responsibility for a motor vehicle the permit holder is |
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operating. |
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(b) A holder of a Texas resident driver's permit who cannot |
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provide evidence of financial responsibility commits an offense |
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punishable under Section 521.457. |
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SECTION 2. Section 521.457(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person operates a |
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motor vehicle on a highway: |
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(1) after the person's driver's license has been |
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canceled under this chapter if the person does not have a license |
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that was subsequently issued under this chapter; |
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(2) during a period that the person's driver's license |
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or privilege is suspended or revoked under any law of this state; |
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(3) while the person's driver's license is expired if |
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the license expired during a period of suspension; [or] |
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(4) after renewal of the person's driver's license has |
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been denied under any law of this state, if the person does not have |
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a driver's license subsequently issued under this chapter; or |
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(5) if the person holds a Texas resident driver's |
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permit issued under Subchapter K-1 and is unable to provide |
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evidence of financial responsibility for a vehicle the permit |
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holder is operating, as required under Section 521.236. |
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SECTION 3. Sections 542.4031(g) and (h), Transportation |
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Code, are amended to read as follows: |
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(g) Of the money received by the comptroller under this |
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section, the comptroller shall deposit: |
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(1) 10 [67] percent to the credit of the undedicated |
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portion of the general revenue fund; and |
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(2) 90 [33] percent to the credit of the designated |
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trauma facility and emergency medical services account under |
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Section 780.003, Health and Safety Code. |
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(h) Notwithstanding Subsection (g)(1), in any state fiscal |
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year the comptroller shall deposit 10 [67] percent of the money |
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received under Subsection (e)(2) to the credit of the general |
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revenue fund only until the total amount of the money deposited to |
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the credit of the general revenue fund under Subsection (g)(1) and |
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Section 780.002(b), Health and Safety Code, equals $250 million for |
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that year. If in any state fiscal year the amount received by the |
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comptroller under those laws for deposit to the credit of the |
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general revenue fund exceeds $250 million, the comptroller shall |
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deposit the additional amount to the credit of the Texas mobility |
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fund. |
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SECTION 4. Section 780.003(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The account is composed of money deposited to the credit |
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of the account under Sections 521.234, 542.406, and 707.008, |
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Transportation Code, and under Section 780.002 of this code. |
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SECTION 5. Sections 542.4031(g) and (h), Transportation |
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Code, as amended by this Act, apply only to money collected on or |
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after the effective date of this Act. Money collected before the |
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effective date of this Act is governed by the law in effect when the |
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money was collected, and the former law is continued in effect for |
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that purpose. |
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SECTION 6. Not later than January 1, 2018, the Department of |
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Public Safety of the State of Texas shall: |
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(1) adopt the rules necessary to implement Subchapter |
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K-1, Chapter 521, Transportation Code, as added by this Act; and |
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(2) create the application form required by Section |
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521.233, Transportation Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2017. |