Bill Text: TX HB2805 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to the requirement of citizenship or lawful presence in the United States for issuance of a driver's license, personal identification certificate, commercial driver's license, or commercial driver learner's permit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB2805 Detail]

Download: Texas-2011-HB2805-Comm_Sub.html

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82R22159 ACP-D
By: Phillips H.B. No. 2805
Substitute the following for H.B. No. 2805:
By: Driver C.S.H.B. No. 2805

A BILL TO BE ENTITLED
AN ACT
relating to the requirement of citizenship or lawful presence in
the United States for issuance of a driver's license, personal
identification certificate, commercial driver's license, or
commercial driver learner's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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; [and]
(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. Section 521.101, Transportation Code, is amended
by adding Subsections (d-1), (f-2), and (f-3) and amending
Subsection (f) 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) A personal identification certificate expires:
(1) on a date specified by the department, if the
applicant is a citizen or legal permanent resident of the United
States or a refugee or asylee lawfully admitted into the United
States; or
(2) for an applicant not described by Subdivision (1),
on:
(A) 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 [except that a
certificate issued to a person 60 years of age or older does not
expire].
(f-2) An applicant 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 a personal
identification certificate to an applicant who fails or refuses to
comply with Subsection (f-2).
SECTION 3. Section 521.103, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Sections 521.101(f-2) and (f-3) apply to a personal
identification certificate for which application is made under this
section.
SECTION 4. Sections 521.142(a) and (e), Transportation
Code, are amended to read as follows:
(a) An application for an original license must state the
applicant's full name and place and date of birth. This information
must be verified by presentation of proof of identity satisfactory
to the department. An applicant 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 before the
applicant may be issued a driver's license. The department must
accept as satisfactory proof of identity under this subsection an
offender identification card or similar form of identification
issued to an inmate by the Texas Department of Criminal Justice if
the applicant also provides supplemental verifiable records or
documents that aid in establishing identity.
(e) 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.
SECTION 5. 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 [Subsection] (b) and
(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(a).
SECTION 6. Section 521.271, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsections (a-2),
(a-3), and (a-4) to read as follows:
(a) Each original driver's license, [and] provisional
license, instruction permit, or occupational license issued to an
applicant who is a citizen 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 sixth anniversary of the date of the
application;
(2) a provisional license expires on the 18th
birthday of the license holder;
(3) an instruction permit expires on the 18th birthday
of the license holder;
(4) an occupational 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.
(a-2) Each original driver's license issued to an applicant
who is not a citizen or legal permanent resident of the United
States or a refugee or asylee lawfully admitted into the United
States expires on:
(1) the earlier of:
(A) the first birthday of the license holder
occurring after the sixth 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 United
States agency responsible for citizenship and immigration in
compliance with federal law; or
(2) 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.
(a-3) Each original provisional license or instruction
permit issued to an applicant who is not a citizen or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States expires on the earliest
of:
(1) the 18th birthday of the license holder;
(2) the first birthday of the license holder occurring
after the date of the application; or
(3) the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(a-4) Each original occupational license issued to an
applicant who is not a citizen or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States expires on the earlier of:
(1) the first anniversary of the date of issuance; or
(2) the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the sixth anniversary of the expiration date
before renewal if the applicant is a citizen 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 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 7. Section 521.2711, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), an original or
renewal driver's license issued to an applicant who is 85 years of
age or older and not a citizen or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States expires on:
(1) the earlier of:
(A) the second anniversary of the expiration date
before renewal; or
(B) the expiration date of the applicant's
authorized stay in the United States; or
(2) 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.
SECTION 8. Section 521.272, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) Notwithstanding Sections [Section] 521.271 and
521.2711, a driver's license issued under this section, including a
renewal, duplicate, or corrected license, expires:
(1) if the license holder is a citizen or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States, on the first birthday of
the license holder occurring after the date of application, except
that the initial license issued under this section expires on the
second birthday of the license holder occurring after the date of
application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
(d) Subsection (c) [This subsection] does not apply to:
(1) a provisional license;
(2) an instruction permit issued under Section
521.222; or
(3) a hardship license issued under Section 521.223.
SECTION 9. Section 521.421, Transportation Code, is amended
by adding Subsections (a-3) and (a-4) to read as follows:
(a-3) Except as provided by Subsections (a-1) and (a-2), the
fee for a driver's license or personal identification certificate
that is issued to a person who is not a citizen or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States and that is valid for not more than
one year is $15.
(a-4) Except as provided by Subsection (a-2), the fee for a
temporary driver's license or temporary personal identification
certificate that is valid for more than one year is $15 for the
first year and $10 for each additional year or portion of a year.
SECTION 10. Section 522.021(c), Transportation Code, is
amended to read as follows:
(c) The application must meet the requirements of an
application under Sections [Section] 521.141, 521.142, and
521.1425 and [must] be accompanied by the fee required under
Section 522.029. The department may require documentary evidence
to verify the information required by this section [Subsection
(a)].
SECTION 11. Section 522.030, Transportation Code, is
amended to read as follows:
Sec. 522.030. CONTENT OF LICENSE. (a) 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; and
(I) the dates between which the license is valid.
(b) To the extent of a conflict or inconsistency between
this section and Section 522.013 or 522.051, Section 522.013 or
522.051 controls.
SECTION 12. Section 522.033(b), Transportation Code, is
amended to read as follows:
(b) Notwithstanding Section 522.051, a commercial driver's
license or commercial driver learner's permit issued under this
section, including a renewal, duplicate, or corrected license,
expires:
(1) if the license or permit holder is a citizen or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States, on the first birthday of
the license holder occurring after the date of application, except
that the initial license issued under this section expires on the
second birthday of the license holder occurring after the date of
application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
SECTION 13. 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(a).
SECTION 14. The changes in law made by this Act 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 Act. 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 Act 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.
SECTION 15. This Act takes effect September 1, 2011.