86R9609 JRR-D

By: Guillen H.B. No. 1844

A BILL TO BE ENTITLED

AN ACT

relating to content, issuance, and change of driver's licenses and other forms of identification issued by the Department of Public Safety, including automatic voter registration.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 507.001(b), Business & Commerce Code, is amended to read as follows:

(b) This section does not affect:

(1) the requirement to display a handgun license under Section 411.205, Government Code[, that a person subject to that section present a driver's license or identification certificate in addition to a concealed handgun license]; or

(2) the types of identification required under federal law to access airport premises or pass through airport security.

SECTION 2. Section 1.005, Election Code, is amended by adding Subdivision (4-a) to read as follows:

(4-a) "Driver's license" includes a commercial driver's license.

SECTION 3. Subchapter A, Chapter 13, Election Code, is amended by adding Section 13.009 to read as follows:

Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF PUBLIC SAFETY. (a) The voter registrar of each county shall automatically register any county resident who is eligible to vote as provided by Section 13.001 and:

(1) is issued an original or renewal Texas driver's license or a personal identification card by the Department of Public Safety; or

(2) makes a change to a Texas driver's license or personal identification card issued by the Department of Public Safety.

(b) A driver's license or personal identification card transaction with an indication provided by Section 20.062(b) or 20.063(c) that the transaction is not for voter registration purposes is not subject to this section.

SECTION 4. Section 20.061, Election Code, is amended to read as follows:

Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter apply to the Department of Public Safety except provisions that conflict with this subchapter or Section 13.009.

SECTION 5. Section 20.062(b), Election Code, is amended to read as follows:

(b) The department shall prescribe and use a change of address form and procedure that combines department and voter registration functions. The form must allow a licensee or cardholder to indicate that [whether] the change of address is not [also to be used] for voter registration purposes.

SECTION 6. Section 20.063, Election Code, is amended to read as follows:

Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department of Public Safety shall consider an application made in person, by mail, or online at the department's Internet website [provide to each person who applies in person at the department's offices] for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card by a person who is eligible to vote as provided by Section 13.001 an application for [opportunity to complete a] voter registration. The date of application is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration [application form].

(b) The Department of Public Safety shall consider a change of address that relates to [When the department processes] a license or card and that is submitted to [for renewal by mail,] the department [shall deliver to the applicant by mail a voter registration application form.

[(c) A change of address that relates to a license or card and that is submitted to the department] in person, [or] by mail, or online at the department's Internet website [serves] as a change in [of address for] voter registration [unless the licensee or cardholder indicates that the change is not for voter registration purposes]. The date of submission of a change of address to a department employee is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration [only].

(c) The registration of an eligible [(d) If a completed] voter as required by Subsections (a) and (b) is automatic unless the person indicates that the transaction is not for voter registration purposes [application submitted to a department employee does not include the applicant's correct driver's license number or personal identification card number, a department employee shall enter the appropriate information on the application. If a completed application does not include the applicant's correct residence address or mailing address, a department employee shall obtain the appropriate information from the applicant and enter the information on the application].

SECTION 7. Section 20.065(b), Election Code, is amended to read as follows:

(b) Each weekday the department is regularly open for business, the department shall electronically transfer to the secretary of state the name and information designated by the secretary of state for [of each person who completes a] voter registration for each individual who is eligible to vote as provided by Section 13.001 and applies in person, by mail, or online at the department's Internet website for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card [application submitted to the department]. The secretary shall prescribe procedures necessary to implement this subsection.

SECTION 8. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.1795 to read as follows:

Sec. 411.1795. DESIGNATION ON DRIVER'S LICENSE, COMMERCIAL DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION CERTIFICATE. The department shall adopt rules allowing an applicant for an original, duplicate, modified, or renewed license under this subchapter, in addition to being issued an original, duplicate, modified, or renewed license, to elect to include on the person's driver's license, commercial driver's license, or personal identification certificate a designation indicating that the person is licensed under this subchapter. The rules must include procedures to ensure that a person who makes an election under this section:

(1) receives a designation on the person's driver's license, commercial driver's license, or personal identification certificate only if the person meets the requirements for issuance of the original, duplicate, modified, or renewed handgun license; and

(2) maintains the designation only during the period for which the person is licensed to carry a handgun under this subchapter.

SECTION 9. Section 411.205, Government Code, is amended to read as follows:

Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display either:

(1) the license holder's:

(A) driver's license or commercial driver's license that includes a handgun license designation under Section 521.128 or 522.0302, Transportation Code; or

(B) personal identification certificate that includes a designation under Section 521.105, Transportation Code; or

(2) both the license holder's driver's license, commercial driver's license, or personal identification certificate issued by the department and the license holder's handgun license.

SECTION 10. Section 521.011, Transportation Code, is amended to read as follows:

Sec. 521.011. SERVICES INFORMATION FOR VETERANS. The department and the Texas Veterans Commission shall jointly develop a one-page informational paper about veterans services provided by this state for veterans who receive:

(1) a driver's license with a designation under Section 521.1235; [or]

(2) a commercial driver's license with a designation under Section 522.0301; or

(3) a personal identification certificate with a designation under Section 521.102.

SECTION 11. Section 521.101(l), Transportation Code, is amended to read as follows:

(l) The application for the personal identification certificate must provide space for the applicant:

(1) to voluntarily list any information that may qualify the applicant to receive a personal identification certificate with a designation under Section 521.102 or 521.106; and

(2) to include proof required by the department to determine the applicant's eligibility to receive that designation.

SECTION 12. Subchapter E, Chapter 521, Transportation Code, is amended by adding Sections 521.105 and 521.106 to read as follows:

Sec. 521.105. HANDGUN LICENSE DESIGNATION. Subject to available funds, the department shall include on each personal identification certificate issued to a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, who makes an election under Section 411.1795, Government Code, a designation that shows the person is licensed under that subchapter. The designation must include the person's handgun license number and a statement of the period for which the handgun license is effective.

Sec. 521.106. LIFETIME RESIDENT HUNTING, FISHING, OR COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to available funds, the department shall include on a personal identification certificate issued to a person who holds a lifetime resident hunting, fishing, or combination hunting and fishing license issued under Section 42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as applicable, a designation that shows the person's status as a holder of the applicable license if the person:

(1) requests the designation; and

(2) provides proof sufficient to the department that the person is a holder of the applicable license.

SECTION 13. Subchapter F, Chapter 521, Transportation Code, is amended by adding Sections 521.128 and 521.129 to read as follows:

Sec. 521.128. HANDGUN LICENSE DESIGNATION. Subject to available funds, the department shall include on each driver's license issued to a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, who makes an election under Section 411.1795, Government Code, a designation that shows the person is licensed under that subchapter. The designation must include the person's handgun license number and a statement of the period for which the handgun license is effective.

Sec. 521.129. LIFETIME RESIDENT HUNTING, FISHING, OR COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to available funds, the department shall include on a driver's license issued to a person who holds a lifetime resident hunting, fishing, or combination hunting and fishing license issued under Section 42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as applicable, a designation that shows the person's status as a holder of the applicable license if the person:

(1) requests the designation; and

(2) provides proof sufficient to the department that the person is a holder of the applicable license.

SECTION 14. Section 521.142(i), Transportation Code, is amended to read as follows:

(i) The application must provide space for the applicant:

(1) to voluntarily list any information that may qualify the applicant to receive a license with a designation under Section 521.1235 or 521.129; and

(2) to include proof required by the department to determine the applicant's eligibility to receive that designation.

SECTION 15. Section 522.021, Transportation Code, is amended by adding Subsection (f) to read as follows:

(f) The application must provide space for the applicant:

(1) to voluntarily list any information that may qualify the applicant to receive a license with a designation under Section 522.0301 or 522.0303; and

(2) to include proof required by the department to determine the applicant's eligibility to receive that designation.

SECTION 16. Subchapter C, Chapter 522, Transportation Code, is amended by adding Sections 522.0301, 522.0302, and 522.0303 to read as follows:

Sec. 522.0301. DESIGNATION ON COMMERCIAL DRIVER'S LICENSE ISSUED TO VETERAN. (a) In this section:

(1) "Disability rating" has the meaning assigned by Section 11.22, Tax Code.

(2) "Disabled veteran" and "veteran" have the meanings assigned by Section 521.1235.

(b) The department shall include the designation "VETERAN" on a commercial driver's license issued to a veteran in an available space on the face of the commercial driver's license or on the reverse side of the commercial driver's license if:

(1) the veteran requests the designation; and

(2) the veteran provides proof sufficient to the department of the veteran's military service and honorable discharge.

(c) If a disabled veteran provides proof sufficient to the department, the department, on request of the disabled veteran, shall include on a commercial driver's license issued to the disabled veteran in any available space on the face of the commercial driver's license or on the reverse side of the commercial driver's license:

(1) a disabled veteran designation; and

(2) the branch of the service in which the disabled veteran served.

(d) The department shall provide to the recipient of a commercial driver's license with a designation under this section the informational paper described by Section 521.011 at the time the license is issued.

(e) Notwithstanding any other law and except as provided by Subsection (f), for purposes of obtaining a service or benefit available for disabled veterans in this state, a disabled veteran may use a commercial driver's license described by Subsection (c) as satisfactory proof:

(1) that the disabled veteran has a disability rating described by Section 521.1235(a)(2)(A) or (B), as applicable; and

(2) of branch of service and honorable discharge.

(f) A commercial driver's license described by Subsection (c) is not satisfactory proof of the disabled veteran's disability rating for purposes of obtaining a property tax exemption provided by Chapter 11, Tax Code.

(g) A disabled veteran who renews a commercial driver's license described by Subsection (c) shall provide proof sufficient to the department of the disabled veteran's disability rating.

Sec. 522.0302. HANDGUN LICENSE DESIGNATION. Subject to available funds, the department shall include on each commercial driver's license issued to a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, who makes an election under Section 411.1795, Government Code, a designation that shows the person is licensed under that subchapter. The designation must include the person's handgun license number and a statement of the period for which the handgun license is effective.

Sec. 522.0303. LIFETIME RESIDENT HUNTING, FISHING, OR COMBINATION HUNTING AND FISHING LICENSE DESIGNATION. Subject to available funds, the department shall include on a commercial driver's license issued to a person who holds a lifetime resident hunting, fishing, or combination hunting and fishing license issued under Section 42.0021, 46.004(d), or 50.001(b), Parks and Wildlife Code, as applicable, a designation that shows the person's status as a holder of the applicable license if the person:

(1) requests the designation; and

(2) provides proof sufficient to the department that the person is a holder of the applicable license.

SECTION 17. Not later than December 1, 2019, the Department of Public Safety shall adopt the rules required by Section 411.1795, Government Code, as added by this Act.

SECTION 18. (a) Section 411.1795, Government Code, as added by this Act, applies only to an applicant for an original, duplicate, modified, or renewed license to carry a handgun under Subchapter H, Chapter 411, Government Code, as amended by this Act, who submits the application on or after January 1, 2020.

(b) The changes in law made by this Act to Chapters 521 and 522, Transportation Code, apply only to a driver's license, commercial driver's license, or personal identification certificate issued or renewed under Chapter 521 or 522, Transportation Code, on or after January 1, 2020.

SECTION 19. This Act takes effect September 1, 2019.