Bill Text: TX HB21 | 2013 | 83rd Legislature 2nd Special Session | Introduced
Bill Title: Relating to the creation of a Texas resident driver's permit, provisional Texas resident driver's permit, and Texas resident driver's instruction permit; authorizing fees; creating an offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-07-10 - Referred to Appropriations [HB21 Detail]
Download: Texas-2013-HB21-Introduced.html
| 83S20015 JXC-D | ||
| By: Alonzo | H.B. No. 21 | |
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| relating to the creation of a Texas resident driver's permit, | ||
| provisional Texas resident driver's permit, and Texas resident | ||
| driver's instruction permit; authorizing fees; creating an | ||
| offense. | ||
| 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 RESIDENT DRIVER'S PERMIT | ||
| Sec. 521.231. ELIGIBILITY. The department may issue a | ||
| Texas resident 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 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; and | ||
| (3) has not been finally convicted of a Class B | ||
| misdemeanor, a Class A misdemeanor, or any felony offense. | ||
| Sec. 521.232. TEXAS RESIDENT DRIVER'S PERMIT REQUIREMENTS. | ||
| (a) A Texas resident driver's permit issued under this subchapter | ||
| is not valid as proof of the permit holder's identity or immigration | ||
| status for any federal purposes. | ||
| (b) The department shall: | ||
| (1) designate and clearly mark as a Texas resident | ||
| driver's permit each permit issued under this subchapter; | ||
| (2) designate and clearly mark as a provisional Texas | ||
| resident 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; and | ||
| (3) include on a permit issued under this subchapter | ||
| an indication that the permit is not valid proof of identity for any | ||
| federal purposes. | ||
| (c) Except as otherwise provided by this chapter, a person | ||
| who holds a Texas resident 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 resident 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) after consideration of public comment, regarding | ||
| the design and content of the Texas resident driver's permit; | ||
| (2) establishing criteria for proof of identification | ||
| and residency of an applicant; and | ||
| (3) regarding the issuance of Texas resident driver's | ||
| instruction permits. | ||
| Sec. 521.233. APPLICATION. (a) An application for a Texas | ||
| resident driver's permit must state the applicant's full name and | ||
| place and date of birth. This information must be verified by | ||
| presentation of a current passport or consular document issued to | ||
| the applicant by the country of which the applicant is a citizen. | ||
| (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; and | ||
| (5) any information necessary for performing a | ||
| criminal history background check on the applicant. | ||
| (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) If the applicant is younger than 21 years of age, the | ||
| application must state whether the applicant has completed a driver | ||
| education course required by Section 521.1601. | ||
| (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. | ||
| (f) 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 (g). | ||
| (g) 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. | ||
| (h) Unless otherwise authorized by Subsection (f), | ||
| information supplied to the department under this section is for | ||
| the confidential use of the department and may not be disclosed to | ||
| any person, except as required as part of a criminal investigation | ||
| or criminal proceeding. | ||
| (i) Except as provided by Subsection (h), information | ||
| supplied to the department relating to an applicant's criminal | ||
| history is for the confidential use of the department and may not be | ||
| disclosed to any person for the purpose of being used as evidence in | ||
| a proceeding to enforce federal immigration laws. | ||
| Sec. 521.234. FEES. (a) The fee for applying for an | ||
| original Texas resident driver's permit is $150. | ||
| (b) The fee for issuance or renewal of a Texas resident | ||
| driver's permit is $24. | ||
| (c) The fee for issuance of a provisional Texas resident | ||
| driver's permit or Texas resident driver's instruction permit is | ||
| $15. | ||
| Sec. 521.235. EXPIRATION. (a) Each Texas resident | ||
| driver's permit issued under this subchapter expires two years | ||
| after the date of issuance. | ||
| (b) Each provisional Texas resident driver's permit and | ||
| Texas resident driver's instruction permit issued under this | ||
| subchapter expires on the 18th birthday of the permit holder. | ||
| Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A | ||
| Texas resident driver's permit is invalid if, on request of a peace | ||
| officer, the permit holder is unable to provide evidence of | ||
| financial responsibility for a motor vehicle the permit holder is | ||
| operating. | ||
| (b) A holder of a Texas resident driver's permit who cannot | ||
| produce proof of financial responsibility commits an offense | ||
| punishable under Section 521.457. | ||
| SECTION 2. Section 521.457(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) A person commits an offense if the person operates a | ||
| motor vehicle on a highway: | ||
| (1) after the person's driver's license has been | ||
| canceled under this chapter if the person does not have a license | ||
| that was subsequently issued under this chapter; | ||
| (2) during a period that the person's driver's license | ||
| or privilege is suspended or revoked under any law of this state; | ||
| (3) while the person's driver's license is expired if | ||
| the license expired during a period of suspension; [ |
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| (4) after renewal of the person's driver's license has | ||
| been denied under any law of this state, if the person does not have | ||
| a driver's license subsequently issued under this chapter; or | ||
| (5) if the person holds a Texas resident driver's | ||
| permit issued under Subchapter K-1 and is unable to provide | ||
| evidence of financial responsibility for a vehicle the permit | ||
| holder is operating, as required under Section 521.236. | ||
| SECTION 3. Not later than January 1, 2014, 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 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
