Bill Text: TX HB177 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the requirement of citizenship or lawful presence in the United States for issuance or renewal of certain occupational licenses, driver's licenses, and identification certificates.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-02-11 - Referred to State Affairs [HB177 Detail]
Download: Texas-2011-HB177-Introduced.html
82R120 NC-D | ||
By: Jackson | H.B. No. 177 |
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relating to the requirement of citizenship or lawful presence in | ||
the United States for issuance or renewal of certain occupational | ||
licenses, driver's licenses, and identification certificates. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES | ||
SECTION 1.01. Title 2, Occupations Code, is amended by | ||
adding Chapter 60 to read as follows: | ||
CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR | ||
BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE | ||
Sec. 60.001. DEFINITIONS. In this chapter: | ||
(1) "Employment eligibility" means eligibility for | ||
employment in the United States. | ||
(2) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) an individual must obtain to engage in a | ||
particular business, occupation, or profession. | ||
(3) "Licensing authority" means a department, | ||
commission, board, office, or other agency of this state or a | ||
political subdivision of this state that issues a license. | ||
Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An | ||
applicant for a license must establish employment eligibility if | ||
the applicant is: | ||
(1) applying for an original license; or | ||
(2) renewing a license and the applicant has not | ||
previously established employment eligibility. | ||
(b) The licensing authority may not issue a license to an | ||
applicant or renew an applicant's license unless the applicant | ||
establishes employment eligibility as required by Subsection (a). | ||
Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT | ||
ELIGIBILITY. (a) To establish employment eligibility, an | ||
applicant shall provide to the licensing authority for inspection | ||
an original or a copy of: | ||
(1) the acceptable document or documents that | ||
establish identity and employment authorization as provided by Form | ||
I-9; or | ||
(2) a document verifying that the applicant provided | ||
to their current or most recent employer a true and correct Form I-9 | ||
along with authentic supporting documents. | ||
(b) Except as provided by this subsection, the documents | ||
required by Subsection (a) must be submitted with the license | ||
application. An applicant who submits an application through the | ||
TexasOnline system or another electronic means shall submit the | ||
documents required under Subsection (a) not later than 30 days | ||
after the date the application is submitted electronically. | ||
Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has | ||
submitted all documents that will be required for a licensing | ||
authority to verify the applicant's employment eligibility and | ||
before the licensing authority verifies the applicant's employment | ||
eligibility, the licensing authority may issue a temporary license | ||
to the applicant. | ||
(b) A temporary license under this section expires on the | ||
21st day after the date the temporary license is issued. | ||
(c) The licensing authority shall determine the applicant's | ||
employment eligibility not later than the day the temporary license | ||
expires. | ||
Sec. 60.005. AUDIT. A licensing authority may audit some or | ||
all of the applications submitted to the licensing authority for | ||
compliance with this chapter, including documents used to establish | ||
employment eligibility. | ||
Sec. 60.006. CONFIDENTIALITY. Information provided by an | ||
applicant under this chapter that is not subject to disclosure | ||
under other law is confidential and not subject to disclosure under | ||
Chapter 552, Government Code. | ||
Sec. 60.007. NONDISCRIMINATION. A licensing authority | ||
shall implement this chapter without regard to an applicant's race, | ||
religion, sex, ethnicity, or national origin. | ||
SECTION 1.02. The purpose of this article is to assist in | ||
the enforcement of 8 U.S.C. Chapter 12. | ||
SECTION 1.03. (a) In this section: | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) an individual must obtain to engage in a | ||
particular business, occupation, or profession. | ||
(2) "Licensing authority" means a department, | ||
commission, board, office, or other agency of this state or a | ||
political subdivision of this state that issues a license. | ||
(b) Each licensing authority shall adopt rules under | ||
Chapter 60, Occupations Code, as added by this article, not later | ||
than January 1, 2012. | ||
(c) The change in law made by this article applies only to an | ||
application for the issuance or renewal of a license that is filed | ||
with a licensing authority on or after March 1, 2012. An | ||
application for the issuance or renewal of a license that is filed | ||
before March 1, 2012, is governed by the law in effect on the date | ||
the application was filed, and the former law is continued in effect | ||
for that purpose. | ||
ARTICLE 2. DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES, AND | ||
PERSONAL IDENTIFICATION CERTIFICATES | ||
SECTION 2.01. Section 521.041(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department shall maintain suitable indexes, in | ||
alphabetical or numerical order, that contain: | ||
(1) each denied application and the reasons for the | ||
denial; | ||
(2) each application that is granted; [ |
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(3) the name of each license holder whose license has | ||
been suspended, canceled, or revoked and the reasons for that | ||
action; and | ||
(4) the citizenship status of each holder of a license | ||
or personal identification certificate. | ||
SECTION 2.02. Section 521.101, Transportation Code, is | ||
amended by adding Subsections (d-1), (f-2), (f-3), and (f-4) to | ||
read as follows: | ||
(d-1) Unless the information has been previously provided | ||
to the department, the department shall require each applicant for | ||
an original, renewal, or duplicate personal identification | ||
certificate to furnish to the department: | ||
(1) proof of the applicant's United States | ||
citizenship; or | ||
(2) documentation described by Subsection (f-2). | ||
(f-2) A person who is not a citizen of the United States must | ||
present to the department documentation issued by the United States | ||
agency responsible for citizenship and immigration that authorizes | ||
the applicant to be in the United States. | ||
(f-3) The department may not issue an identification | ||
certificate to an applicant: | ||
(1) who fails or refuses to comply with Subsection | ||
(f-2); or | ||
(2) whose lawful admission period in the United States | ||
expires before the 180th day after the application date. | ||
(f-4) In addition to a certificate issued under this | ||
section, Subsections (f-2) and (f-3) apply to a personal | ||
identification certificate for which application is made under | ||
Section 521.103. | ||
SECTION 2.03. Section 521.121(a), Transportation Code, as | ||
amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
(a) The driver's license must include: | ||
(1) a distinguishing number assigned by the department | ||
to the license holder; | ||
(2) a color photograph of the entire face of the | ||
holder; | ||
(3) the full name and date of birth of the holder; | ||
(4) a brief description of the holder; [ |
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(5) the license holder's residence address or, for a | ||
license holder using the procedure under Subsection (c), the street | ||
address of the courthouse in which the license holder or license | ||
holder's spouse serves as a federal judge or state judge; and | ||
(6) a statement as to whether the holder is a citizen | ||
of the United States. | ||
SECTION 2.04. Section 521.142, Transportation Code, is | ||
amended by amending Subsection (e) and adding Subsections (e-1) and | ||
(e-2) to read as follows: | ||
(e) The application must include any other information the | ||
department requires to determine the applicant's identity, | ||
residency, competency, and eligibility. | ||
(e-1) A person who is not a citizen of the United States must | ||
present to the department documentation issued by the United States | ||
agency responsible for citizenship and immigration that authorizes | ||
the applicant to be in the United States. | ||
(e-2) The department may not issue a license to an | ||
applicant: | ||
(1) who fails or refuses to comply with Subsection | ||
(e-1); or | ||
(2) whose lawful admission period in the United States | ||
expires before the 180th day after the date of the application. | ||
SECTION 2.05. Section 521.1425, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Except as provided by Subsections [ |
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(c), the department may require each applicant for an original, | ||
renewal, or duplicate driver's license to furnish to the department | ||
the information required by Section 521.142. | ||
(c) Unless the information has been previously provided to | ||
the department, the department shall require each applicant for an | ||
original, renewal, or duplicate driver's license to furnish to the | ||
department: | ||
(1) proof of the applicant's United States | ||
citizenship; or | ||
(2) documentation described by Section 521.142(e-1). | ||
SECTION 2.06. Subchapter R, Chapter 521, Transportation | ||
Code, is amended by adding Section 521.428 to read as follows: | ||
Sec. 521.428. FEES FOR LICENSE OR PERSONAL IDENTIFICATION | ||
CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a) | ||
Notwithstanding Sections 521.421 and 521.422, the department by | ||
rule shall establish the amount of the fee for issuance of a license | ||
or personal identification certificate issued to an applicant who | ||
is not a citizen of the United States. | ||
(b) The amount of the fee may not exceed the amount of the | ||
fee otherwise imposed by this subchapter or the amount that is | ||
sufficient, when added to other fees collected under this chapter, | ||
to recover the actual costs to the department of issuing the license | ||
or certificate. | ||
SECTION 2.07. Section 522.021(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) The application must meet the requirements of an | ||
application under Sections [ |
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521.1425 and [ |
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Section 522.029. The department may require documentary evidence | ||
to verify the information required by this section [ |
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SECTION 2.08. Section 522.029, Transportation Code, is | ||
amended by amending Subsection (a) and adding Subsection (l) to | ||
read as follows: | ||
(a) The fee for a commercial driver's license or commercial | ||
driver learner's permit issued by the department is $60, except as | ||
provided by Subsections (f), (h), (j), [ |
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(l) Notwithstanding any other provision of this section, | ||
the department by rule shall establish the amount of the fee for | ||
issuance of a commercial driver's license or commercial driver | ||
learner's permit issued to an applicant who is not a citizen of the | ||
United States. The amount of the fee may not exceed the amount of | ||
the fee otherwise imposed by this subchapter or the amount that is | ||
sufficient, when added to other fees collected under this chapter, | ||
to recover the actual costs to the department of issuing the license | ||
or permit. | ||
SECTION 2.09. Section 522.030, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 522.030. CONTENT OF LICENSE. A commercial driver's | ||
license must: | ||
(1) be marked "Commercial Driver License" or "CDL"; | ||
(2) be, to the extent practicable, tamper-proof; and | ||
(3) include: | ||
(A) the name and mailing address of the person to | ||
whom it is issued; | ||
(B) the person's color photograph; | ||
(C) a physical description of the person, | ||
including sex, height, and eye color; | ||
(D) the person's date of birth; | ||
(E) a number or identifier the department | ||
considers appropriate; | ||
(F) the person's signature; | ||
(G) each class of commercial motor vehicle that | ||
the person is authorized to drive, with any endorsements or | ||
restrictions; | ||
(H) the name of this state; [ |
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(I) the dates between which the license is valid; | ||
and | ||
(J) a statement as to whether the person is a | ||
citizen of the United States. | ||
SECTION 2.10. Section 522.052, Transportation Code, is | ||
amended by adding Subsection (i) to read as follows: | ||
(i) Unless the information has been previously provided to | ||
the department, the department shall require each applicant for a | ||
renewal or duplicate commercial driver's license to furnish to the | ||
department: | ||
(1) proof of the applicant's United States | ||
citizenship; or | ||
(2) documentation described by Section 521.142(e-1). | ||
SECTION 2.11. The changes in law made by this article apply | ||
only to a driver's license, personal identification certificate, | ||
commercial driver's license, or commercial driver learner's permit | ||
issued or renewed on or after the effective date of this article. A | ||
driver's license, personal identification certificate, commercial | ||
driver's license, or commercial driver learner's permit issued or | ||
renewed before the effective date of this article is governed by the | ||
law in effect when the license, certificate, or permit was issued, | ||
and the former law is continued in effect for that purpose. | ||
ARTICLE 3. EFFECTIVE DATE | ||
SECTION 3.01. To the extent of any conflict, this Act | ||
prevails over another Act of the 82nd Legislature, Regular Session, | ||
2011, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 3.02. This Act takes effect September 1, 2011. |