86R1106 AJZ-D

By: Romero, Jr. H.B. No. 35

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a Texas conditional driver's permit, provisional Texas conditional driver's permit, and Texas conditional instruction permit; authorizing a fee.

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. TEXAS CONDITIONAL DRIVER'S PERMIT

Sec. 521.231. ELIGIBILITY. The department may issue a Texas conditional 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 ineligible to obtain a social security number;

(3) has an individual taxpayer identification number issued by the Internal Revenue Service;

(4) 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;

(5) has not been finally convicted of a felony offense; and

(6) regardless of the person's age, has completed a driver education course required by Section 521.1601 and an examination required by Section 521.161.

Sec. 521.232. TEXAS CONDITIONAL DRIVER'S PERMIT REQUIREMENTS. (a) A Texas conditional driver's permit issued under this subchapter is valid as proof of the permit holder's identity for driving purposes only. The permit is not valid as proof of the permit holder's identity for any other state purpose or for any federal purpose.

(b) The department shall:

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

(2) designate and clearly mark as a provisional Texas conditional 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;

(3) include on a permit issued under this subchapter an indication that the permit is valid proof of identity for driving purposes only, and is not valid as proof of identity for any other state purpose or for any federal purpose; and

(4) design the Texas conditional driver's permit to appear substantially different from the design of a driver's license.

(c) Except as otherwise provided by this chapter, a person who holds a Texas conditional 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 conditional 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 conditional driver's permit;

(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;

(4) requiring a check of state and national criminal history record information to determine whether an applicant is eligible for a permit under Section 521.231(5); and

(5) regarding the issuance of Texas conditional instruction permits.

Sec. 521.233. APPLICATION. (a) An application for a Texas conditional driver's permit must state the applicant's full name and place and date of birth. This information must be verified by presentation of:

(1) a current passport or consular document issued to the applicant by the country of which the applicant is a citizen; or

(2) another identification document the department determines by rule is acceptable as proof of the information.

(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;

(5) any information necessary to perform a criminal history background check on the applicant; and

(6) evidence that the applicant has resided in this state for at least one year.

(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) Regardless of the applicant's age, the application must state whether the applicant has completed a driver education course required by Section 521.1601 and an examination required by Section 521.161.

(e) The application must be accompanied by evidence of financial responsibility that complies with Subchapter D, Chapter 601, and is prepaid and valid for at least a six-month period, or by a statement that the applicant does not own a motor vehicle for which evidence of financial responsibility is required under Chapter 601. The department may require an application for a renewal of a conditional driver's permit to be accompanied by evidence of financial responsibility or a statement that the applicant does not own a motor vehicle for which evidence of financial responsibility is required under Chapter 601.

(f) Evidence of financial responsibility presented under this section must comply with the requirements of Section 521.143.

(g) 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.

(h) 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 (i).

(i) 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.

(j) Information supplied to the department relating to the applicant's criminal 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, including an immigration proceeding.

Sec. 521.234. FEES. The department shall set the amount of the fee for:

(1) issuance or renewal of a Texas conditional driver's permit; and

(2) issuance of a provisional Texas conditional driver's permit and Texas conditional instruction permit.

Sec. 521.235. EXPIRATION. (a) Each Texas conditional driver's permit issued under this subchapter expires one year after the date of issuance.

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

SECTION 2. Not later than January 1, 2020, 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 3. This Act takes effect September 1, 2019.