By: Guillen (Senate Sponsor - West) H.B. No. 3641
         (In the Senate - Received from the House April 24, 2023;
  April 25, 2023, read first time and referred to Committee on
  Transportation; May 19, 2023, reported favorably by the following
  vote:  Yeas 8, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to residency requirements for driver's licenses and
  personal identification certificates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 521.101, Transportation Code, is amended
  by amending Subsections (f-1) and (j) to read as follows:
         (f-1)  A personal identification certificate issued to a
  person whose address of principal 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.
         (j)  The department may not issue a personal identification
  certificate to a person who has not established an address of
  principal residence [a domicile] in this state.
         SECTION 2.  Section 521.1015(c), Transportation Code, is
  amended to read as follows:
         (c)  Notwithstanding Section 521.101, Section 521.1426, or
  any other provision of this chapter, a child or youth described by
  Subsection (b) may, in applying for a personal identification
  certificate:
               (1)  provide a copy of the child's or youth's birth
  certificate as proof of the child's or youth's identity and United
  States citizenship, as applicable; and
               (2)  if the child or youth does not have an address of
  principal [a] residence [or domicile]:
                     (A)  provide a letter certifying the child or
  youth is a homeless child or youth issued by:
                           (i)  the school district in which the child
  or youth is enrolled;
                           (ii)  the director of an emergency shelter
  or transitional housing program funded by the United States
  Department of Housing and Urban Development; or
                           (iii)  the director of:
                                 (a)  a basic center for runaway and
  homeless youth; or
                                 (b)  a transitional living program; or
                     (B)  use the address of the regional office where
  the Department of Family and Protective Services caseworker for the
  child or youth is based.
         SECTION 3.  Section 521.1016(c), Transportation Code, is
  amended to read as follows:
         (c)  Notwithstanding Section 521.101, Section 521.1426, or
  any other provision of this chapter, an individual described by
  Subsection (b) may, in applying for a personal identification
  certificate:
               (1)  provide a copy of the individual's birth
  certificate as proof of the individual's identity and United States
  citizenship, as applicable; and
               (2)  if the individual does not have an address of
  principal [a] residence [or domicile], provide a letter certifying
  the individual is homeless issued by:
                     (A)  an advocate;
                     (B)  a licensed mental health services provider
  who examined and evaluated the individual; or
                     (C)  the director of an emergency shelter or
  transitional housing program funded by the United States Department
  of Housing and Urban Development or through the Victims of Crime Act
  of 1984 (Title II, Pub. L. No. 98-473).
         SECTION 4.  Section 521.1426, Transportation Code, is
  amended to read as follows:
         Sec. 521.1426.  ADDRESS OF PRINCIPAL RESIDENCE [DOMICILE]
  REQUIREMENT; VERIFICATION. (a) The department may not issue a
  driver's license or a personal identification certificate to a
  person who has not established an address of principal residence [a
  domicile] in this state.
         (b)  The department shall adopt rules for determining
  whether an address of principal residence [a domicile] has been
  established, including rules prescribing the types of
  documentation the department may require from the applicant to
  verify the validity of the claimed principal residence [domicile].
         (c)  The department may contract with a third-party personal
  data verification service to assist the department in verifying a
  claim of an address of principal residence [domicile], including
  whether the physical address provided by the applicant is the
  applicant's actual principal residence.
         SECTION 5.  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 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 address of principal 
  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 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 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 address of principal 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 6.  Section 521.421(a-2), Transportation Code, is
  amended to read as follows:
         (a-2)  Except as provided by Subsection (a-1), the
  department by rule shall establish the fee for a personal
  identification certificate or driver's license issued to a person
  whose address of principal residence [or domicile] is a
  correctional facility or a parole facility.
         SECTION 7.  The changes in law made by this Act apply to an
  application for a driver's license or personal identification
  certificate submitted on or after the effective date of this Act.
  An application for a driver's license or personal identification
  certificate submitted before the effective date of this Act is
  governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 8.  This Act takes effect September 1, 2023.
 
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