Bill Text: TX HB35 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of a Texas conditional driver's permit, provisional Texas conditional driver's permit, and Texas conditional instruction permit; authorizing a fee.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB35 Detail]
Download: Texas-2019-HB35-Introduced.html
86R1106 AJZ-D | ||
By: Romero, Jr. | H.B. No. 35 |
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relating to the creation of a Texas conditional driver's permit, | ||
provisional Texas conditional driver's permit, and Texas | ||
conditional instruction permit; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 521, Transportation Code, is amended by | ||
adding Subchapter K-1 to read as follows: | ||
SUBCHAPTER K-1. TEXAS CONDITIONAL DRIVER'S PERMIT | ||
Sec. 521.231. ELIGIBILITY. The department may issue a | ||
Texas conditional driver's permit to a person who: | ||
(1) as of the date the permit is issued, has resided in | ||
this state for at least one year; | ||
(2) is ineligible to obtain a social security number; | ||
(3) has an individual taxpayer identification number | ||
issued by the Internal Revenue Service; | ||
(4) is unable to present to the department | ||
documentation issued by the United States agency responsible for | ||
citizenship and immigration authorizing the person to be in the | ||
United States; | ||
(5) has not been finally convicted of a felony | ||
offense; and | ||
(6) regardless of the person's age, has completed a | ||
driver education course required by Section 521.1601 and an | ||
examination required by Section 521.161. | ||
Sec. 521.232. TEXAS CONDITIONAL DRIVER'S PERMIT | ||
REQUIREMENTS. (a) A Texas conditional driver's permit issued | ||
under this subchapter is valid as proof of the permit holder's | ||
identity for driving purposes only. The permit is not valid as | ||
proof of the permit holder's identity for any other state purpose or | ||
for any federal purpose. | ||
(b) The department shall: | ||
(1) designate and clearly mark as a Texas conditional | ||
driver's permit each permit issued under this subchapter; | ||
(2) designate and clearly mark as a provisional Texas | ||
conditional driver's permit each permit issued under this | ||
subchapter to a person who is at least 16 years of age but younger | ||
than 18 years of age; | ||
(3) include on a permit issued under this subchapter | ||
an indication that the permit is valid proof of identity for driving | ||
purposes only, and is not valid as proof of identity for any other | ||
state purpose or for any federal purpose; and | ||
(4) design the Texas conditional driver's permit to | ||
appear substantially different from the design of a driver's | ||
license. | ||
(c) Except as otherwise provided by this chapter, a person | ||
who holds a Texas conditional driver's permit is subject to the laws | ||
of this state applicable to the holder of an original or duplicate | ||
driver's license. | ||
(d) Except as otherwise provided by this chapter, an | ||
applicant for a Texas conditional driver's permit who is at least 16 | ||
years of age but younger than 18 years of age is subject to the laws | ||
of this state applicable to a holder of a provisional license. | ||
(e) The department shall adopt rules: | ||
(1) regarding the design and content of the Texas | ||
conditional driver's permit; | ||
(2) establishing criteria for proof of identification | ||
and residency of an applicant; | ||
(3) designating acceptable evidence that an applicant | ||
is not eligible for a social security number; | ||
(4) requiring a check of state and national criminal | ||
history record information to determine whether an applicant is | ||
eligible for a permit under Section 521.231(5); and | ||
(5) regarding the issuance of Texas conditional | ||
instruction permits. | ||
Sec. 521.233. APPLICATION. (a) An application for a Texas | ||
conditional driver's permit must state the applicant's full name | ||
and place and date of birth. This information must be verified by | ||
presentation of: | ||
(1) a current passport or consular document issued to | ||
the applicant by the country of which the applicant is a citizen; or | ||
(2) another identification document the department | ||
determines by rule is acceptable as proof of the information. | ||
(b) The application must include: | ||
(1) a complete electronic set of the applicant's | ||
fingerprints; | ||
(2) a photograph of the applicant; | ||
(3) the signature of the applicant; | ||
(4) a brief description of the applicant; | ||
(5) any information necessary to perform a criminal | ||
history background check on the applicant; and | ||
(6) evidence that the applicant has resided in this | ||
state for at least one year. | ||
(c) The application must state: | ||
(1) the sex of the applicant; | ||
(2) the residence address of the applicant; | ||
(3) whether the applicant has been licensed to drive a | ||
motor vehicle before; | ||
(4) if previously licensed: | ||
(A) when and by what state or country; | ||
(B) whether that license has been suspended or | ||
revoked or a license application denied; and | ||
(C) the date and reason for the suspension, | ||
revocation, or denial; and | ||
(5) the county of residence of the applicant. | ||
(d) Regardless of the applicant's age, the application must | ||
state whether the applicant has completed a driver education course | ||
required by Section 521.1601 and an examination required by Section | ||
521.161. | ||
(e) The application must be accompanied by evidence of | ||
financial responsibility that complies with Subchapter D, Chapter | ||
601, and is prepaid and valid for at least a six-month period, or by | ||
a statement that the applicant does not own a motor vehicle for | ||
which evidence of financial responsibility is required under | ||
Chapter 601. The department may require an application for a | ||
renewal of a conditional driver's permit to be accompanied by | ||
evidence of financial responsibility or a statement that the | ||
applicant does not own a motor vehicle for which evidence of | ||
financial responsibility is required under Chapter 601. | ||
(f) Evidence of financial responsibility presented under | ||
this section must comply with the requirements of Section 521.143. | ||
(g) 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. | ||
(h) Information supplied to the department relating to an | ||
applicant's medical history is for the confidential use of the | ||
department and may not be disclosed to any person or used as | ||
evidence in a legal proceeding other than a proceeding under | ||
Subchapter N. This subsection does not apply to information | ||
provided by an applicant under Subsection (i). | ||
(i) The application must provide space for the applicant to | ||
voluntarily list any health condition that may impede communication | ||
with a peace officer as evidenced by a written statement from a | ||
licensed physician. | ||
(j) Information supplied to the department relating to the | ||
applicant's criminal history is for the confidential use of the | ||
department and may not be disclosed to any person or used as | ||
evidence in a legal proceeding, including an immigration | ||
proceeding. | ||
Sec. 521.234. FEES. The department shall set the amount of | ||
the fee for: | ||
(1) issuance or renewal of a Texas conditional | ||
driver's permit; and | ||
(2) issuance of a provisional Texas conditional | ||
driver's permit and Texas conditional instruction permit. | ||
Sec. 521.235. EXPIRATION. (a) Each Texas conditional | ||
driver's permit issued under this subchapter expires one year after | ||
the date of issuance. | ||
(b) Each provisional Texas conditional driver's permit and | ||
Texas conditional instruction permit issued under this subchapter | ||
expires on the 18th birthday of the permit holder. | ||
SECTION 2. Not later than January 1, 2020, the Department of | ||
Public Safety of the State of Texas shall: | ||
(1) adopt the rules necessary to implement Subchapter | ||
K-1, Chapter 521, Transportation Code, as added by this Act; and | ||
(2) create the application form required by Section | ||
521.233, Transportation Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2019. |