By: Deshotel, Beckley, Raymond, Parker, H.B. No. 2478

Sanford

A BILL TO BE ENTITLED

AN ACT

relating to driver's licenses, commercial driver's licenses, and other identification certificates; authorizing and increasing fees.

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

SECTION 1. Sections 521.009(a), (a-1), and (c), Transportation Code, are amended to read as follows:

(a) The department may establish a program for the provision of renewal and duplicate driver's license, election identification certificate, and personal identification certificate services by [in] counties, [and] municipalities, and private vendors that enter into an agreement with the department under Subsection (a-1).

(a-1) Under the program, the department may enter into an agreement with the commissioners court of a county, [or] the governing body of a municipality, or a private vendor to permit county, [or] municipal, or vendor employees to provide services at a county or municipal office or at a location determined by the vendor relating to the issuance of renewal and duplicate driver's licenses, election identification certificates, and personal identification certificates, including:

(1) taking photographs;

(2) administering vision tests;

(3) updating a driver's license, election identification certificate, or personal identification certificate to change a name, address, or photograph;

(4) distributing and collecting information relating to donations under Section 521.401;

(5) collecting fees; and

(6) performing other basic ministerial functions and tasks necessary to issue renewal and duplicate driver's licenses, election identification certificates, and personal identification certificates.

(c) A participating county, [or] municipality, or private vendor must remit to the department for deposit as required by this chapter fees collected for the issuance of a renewal or duplicate driver's license or personal identification certificate.

SECTION 2. Section 521.165, Transportation Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows:

(e) The department may authorize and set standards for an entity described by Subsection (a), including a driver education school described by Section 521.1655, to administer, and train and certify examiners to administer, the examination required by Section 521.161(b)(2).

(f) An entity described by Subsection (a) may not issue a temporary receipt under Section 521.1812 to a person who has not passed the testing conducted by the entity under this section.

SECTION 3. Subchapter I, Chapter 521, Transportation Code, is amended by adding Section 521.1812 to read as follows:

Sec. 521.1812. ISSUANCE OF TEMPORARY RECEIPT BY THIRD PARTY. (a) The department may authorize an entity described by Section 521.165, including a driver education school described by Section 521.1655, to issue a temporary receipt to a qualifying applicant who has met all requirements for a driver's license if the qualifying applicant holds a learner license issued by the department under Section 521.222.

(b) A temporary receipt issued under Subsection (a) serves as temporary permission to operate a vehicle until the department provides a driver's license to the qualifying applicant.

(c) The department shall develop a process for an entity under Subsection (a) to electronically transmit to the department the documents and information required by the department for the issuance of a driver's license to a qualifying applicant.

(d) The department shall adopt rules to implement this section.

SECTION 4. Sections 521.271(a) and (b), Transportation Code, are amended to read as follows:

(a) Each original driver's license, provisional license, learner license, or occupational driver's license issued to an applicant who is a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires as follows:

(1) except as provided by Section 521.2711, a driver's license expires on the first birthday of the license holder occurring after the eighth [sixth] anniversary of the date of the application;

(2) a provisional license expires on the 18th birthday of the license holder;

(3) a learner license expires on the 18th birthday of the license holder;

(4) an occupational driver's license expires on the first anniversary of the court order granting the license; and

(5) unless an earlier date is otherwise provided, a driver's license issued to a person whose residence or domicile is a correctional facility or a parole facility expires on the first birthday of the license holder occurring after the first anniversary of the date of issuance.

(b) Except as provided by Section 521.2711, a driver's license that is renewed expires on the earlier of:

(1) the eighth [sixth] anniversary of the expiration date before renewal if the applicant is a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States;

(1-a) for an applicant not described by Subdivision (1):

(A) the earlier of:

(i) the eighth [sixth] anniversary of the expiration date before renewal; or

(ii) the expiration date of the applicant's authorized stay in the United States; or

(B) the first anniversary of the date of issuance, if there is no definite expiration date for the applicant's authorized stay in the United States; or

(2) for a renewal driver's license issued to a person whose residence or domicile is a correctional facility or a parole facility, the first birthday of the license holder occurring after the first anniversary of the date of issuance unless an earlier date is otherwise provided.

SECTION 5. Section 521.421(a), Transportation Code, is amended to read as follows:

(a) The fee for issuance or renewal of a license not otherwise provided for by this section is $32 [$24].

SECTION 6. Section 521.428, Transportation Code, is amended to read as follows:

Sec. 521.428. COUNTY, [OR] MUNICIPAL, OR PRIVATE VENDOR FEE. A county, [or] municipality, or private vendor that provides services under an agreement described by Section 521.009 may collect an additional fee of up to $10 [$5] for each transaction provided that relates to driver's license and personal identification certificate services only.

SECTION 7. Section 522.029, Transportation Code, is amended by amending Subsection (a) and adding Subsection (m) to read as follows:

(a) The fee for a commercial driver's license issued by the department is $96 [$60], except as provided by Subsections (f), (h), (j), [and] (k), and (m).

(m) The fee for a commercial driver's license with a hazardous materials endorsement issued by the department is $60, except as provided by Subsections (h), (j), and (k).

SECTION 8. Section 522.051, Transportation Code, is amended by amending Subsections (a), (b), (c), (d), and (f) and adding Subsections (i), (j), (k), and (l) to read as follows:

(a) Except as provided by Subsections [Subsection] (f) and (i) and Sections 522.013(e), 522.033, and 522.054, an original commercial driver's license expires eight [five] years after the applicant's next birthday.

(b) Except as provided by Subsection (j) and Section 522.054, a commercial driver's license issued to a person holding a Texas Class A, B, C, or M license that would expire one year or more after the date of issuance of the commercial driver's license expires eight [five] years after the applicant's next birthday.

(c) Except as provided by Subsection (k) and Section 522.054, a commercial driver's license issued to a person holding a Texas Class A, B, C, or M license that would expire less than one year after the date of issuance of the commercial driver's license or that has been expired for less than one year expires eight [five] years after the expiration date shown on the Class A, B, C, or M license.

(d) Except as provided by Subsection (l) and Section 522.054, a commercial driver's license issued to a person holding a Texas Class A, B, C, or M license that has been expired for at least one year but not more than two years expires eight [five] years after the applicant's last birthday.

(f) Except as provided by Section 522.013, a non-domiciled commercial driver's license other than a temporary non-domiciled commercial driver's license under Section 522.013(e) expires on:

(1) the earlier of:

(A) the first birthday of the license holder occurring after the eighth [fifth] anniversary of the date of the application; or

(B) the expiration date of the license holder's lawful presence in the United States as determined by the appropriate United States agency in compliance with federal law; or

(2) the first anniversary of the date of issuance, if there is no definitive expiration date for the applicant's authorized stay in the United States.

(i) Except as provided by Subsection (f) and Sections 522.013(e), 522.033, and 522.054, an original commercial driver's license with a hazardous materials endorsement expires five years after the applicant's next birthday.

(j) Except as provided by Section 522.054, a commercial driver's license with a hazardous materials endorsement issued to a person holding a Texas Class A, B, C, or M license that would expire one year or more after the date of issuance of the commercial driver's license expires five years after the applicant's next birthday.

(k) Except as provided by Section 522.054, a commercial driver's license with a hazardous materials endorsement issued to a person holding a Texas Class A, B, C, or M license that would expire less than one year after the date of issuance of the commercial driver's license or that has been expired for less than one year expires five years after the expiration date shown on the Class A, B, C, or M license.

(l) Except as provided by Section 522.054, a commercial driver's license with a hazardous materials endorsement issued to a person holding a Texas Class A, B, C, or M license that has been expired for at least one year but not more than two years expires five years after the applicant's last birthday.

SECTION 9. Section 522.052, Transportation Code, is amended by amending Subsections (b) and (c) and adding Subsections (k) and (l) to read as follows:

(b) Except as provided by Section 522.054, a renewal of a commercial driver's license that has been expired for less than one year expires eight [five] years after the expiration date shown on the commercial driver's license.

(c) Except as provided by Section 522.054, a renewal of a commercial driver's license that has been expired for at least one year but not more than two years expires seven [six] years after the applicant's last birthday.

(k) Except as provided by Section 522.054, a renewal of a commercial driver's license with a hazardous materials endorsement that has been expired for less than one year expires five years after the expiration date shown on the commercial driver's license.

(l) Except as provided by Section 522.054, a renewal of a commercial driver's license with a hazardous materials endorsement that has been expired for at least one year but not more than two years expires five years after the applicant's last birthday.

SECTION 10. The changes in law made by this Act to Sections 521.271, 521.421, 522.029, 522.051, and 522.052, Transportation Code, apply only to a driver's license or commercial driver's license issued or renewed on or after June 1, 2020. A driver's license or commercial driver's license issued or renewed before June 1, 2020, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2019.