BILL ANALYSIS

 

 

Senate Research Center

H.B. 4337

 

By: Canales et al. (Hinojosa)

 

Border Security

 

5/16/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, prosecutors across Texas do not have a clear mechanism for adjudicating an offense involving tampering with a governmental record as it pertains to persons in possession of a fictitious Mexican commercial driver's license or other foreign documents. H.B. 4337 seeks to address this issue by classifying a license, certificate, permit, seal, title, letter of patent, or similar document issued by an applicable foreign government as a governmental record for purposes of offenses related to perjury and other falsification.

 

H.B. 4337 amends current law relating to licenses and similar documents issued by certain foreign governments.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 37.01(2), Penal Code, to provide that "governmental record" includes a license, certificate, permit, seal, title, letter of patent, or similar document issued by a foreign government engaged in a reciprocal treaty or memorandum of understanding with the United States.

 

SECTION 2. Amends Section 522.015, Transportation Code, as follows:

 

Sec. 522.015.� LICENSE OR PERMIT ISSUED BY OTHER JURISDICTION. (a) Creates this subsection from existing text. Authorizes a person, subject to Subsection (b), to drive a commercial motor vehicle in this state if:

 

(1) either:

 

(A) creates this paragraph from existing text; or

 

(B) the person:

 

(i) has a commercial driver's license or a commercial learner's permit issued by� a foreign jurisdiction the testing and licensing standards of which the United States Department of Transportation has determined meet the requirements of the federal act; and

 

(ii) is authorized under federal law to work in the United States; and

 

(2)-(5) makes no changes to these subdivisions.

 

(b) Authorizes a person, if the person has a commercial driver's license or a commercial learner's permit described by Subsection (a)(1)(B)(i) and is not authorized under federal law to work in the United States but satisfies all of the other requirements of Subsection (a), to drive a commercial motor vehicle only in a county bordering the United Mexican States.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2023.