|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of a Texas conditional driver's permit, |
|
provisional Texas conditional driver's permit, and Texas |
|
conditional learner 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. (a) The department may issue a |
|
Texas conditional driver's permit, a provisional Texas conditional |
|
driver's permit, or a Texas conditional learner 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 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; |
|
(3) is not ineligible for a driver's license under |
|
Section 521.202; and |
|
(4) 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, except as provided by |
|
Subsection (b). |
|
(b) A person may be issued a Texas conditional learner |
|
permit without having passed the driving test under Section |
|
521.161. |
|
Sec. 521.232. PERMIT REQUIREMENTS. (a) A 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 federal purpose, |
|
including voting. |
|
(b) The department shall: |
|
(1) designate and clearly mark each permit issued |
|
under this subchapter; |
|
(2) designate and clearly mark each provisional Texas |
|
conditional driver's permit or Texas conditional learner permit, as |
|
applicable, issued to a person who is 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 federal |
|
purpose, including voting; and |
|
(4) design the permit to appear substantially similar |
|
to the design of a driver's license. |
|
(c) Except as otherwise provided by this chapter: |
|
(1) a holder of 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; |
|
(2) a holder of a provisional Texas conditional |
|
driver's permit is subject to the laws of this state applicable to |
|
the holder of a provisional driver's license; and |
|
(3) a holder of a Texas conditional learner permit is |
|
subject to the laws of this state applicable to the holder of a |
|
learner license. |
|
(d) The department shall adopt rules: |
|
(1) regarding the design and content of permits issued |
|
under this subchapter; |
|
(2) establishing criteria for proof of identification |
|
and residency of an applicant; |
|
(3) 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(a)(3); and |
|
(4) regarding qualifications for the issuance of |
|
provisional Texas conditional driver's permits and Texas |
|
conditional learner permits. |
|
Sec. 521.233. APPLICATION. (a) An application for a permit |
|
under this subchapter must state the applicant's full name and |
|
place and date of birth. This information must be verified by |
|
presentation of one document establishing the applicant's identity |
|
and age, including: |
|
(1) a current passport or consular document issued to |
|
the applicant by the country of which the applicant is a citizen; |
|
(2) a current border crossing card; |
|
(3) a current Mexican voter registration card |
|
(Instituto Nacional Electoral credencial para votar); |
|
(4) an individual taxpayer identification number |
|
issued by the Internal Revenue Service; or |
|
(5) another identification document the department |
|
determines by rule is acceptable as proof of the information. |
|
(b) The application must include: |
|
(1) the applicant's thumbprints or, if thumbprints |
|
cannot be taken, the index fingerprints of the applicant; |
|
(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) if applicable, 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 each applicable examination |
|
required by Section 521.161. |
|
(e) The application must be accompanied by evidence of |
|
financial responsibility that complies with the requirements of |
|
Section 521.143. |
|
(f) The application must include any other information the |
|
department requires to determine the applicant's eligibility as |
|
required by state law. |
|
(g) Information collected by the department under this |
|
section is confidential and not subject to disclosure under Chapter |
|
552, Government Code. |
|
(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 fee for the issuance or renewal of |
|
a Texas conditional driver's permit or the issuance of a |
|
provisional Texas conditional driver's permit or a Texas |
|
conditional learner permit is $100 or an amount set by the |
|
department, not to exceed $100. The department may set the fee at |
|
an amount that is less than $100 if: |
|
(1) the amount is sufficient to cover the department's |
|
costs of administering this subchapter based on the department's |
|
costs of administering this subchapter during the previous fiscal |
|
year; and |
|
(2) the department has fully recouped the cost of |
|
initially implementing this subchapter from the total amount of |
|
fees collected under this subchapter. |
|
Sec. 521.235. EXPIRATION. (a) Each Texas conditional |
|
driver's permit issued or renewed under this subchapter expires two |
|
years after the date of issuance. |
|
(b) Each provisional Texas conditional driver's permit and |
|
Texas conditional learner permit issued under this subchapter |
|
expires on the 18th birthday of the permit holder. |
|
Sec. 521.236. RENEWAL. The department shall allow an |
|
eligible applicant to renew a Texas conditional driver's permit in |
|
the same manner and locations as an applicant for the renewal of a |
|
driver's license under Subchapter M. |
|
SECTION 2. Not later than January 1, 2024, 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, 2023. |