Bill Text: TX HB2805 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
82R9190 ACP-D | ||
By: Phillips | H.B. No. 2805 |
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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; [ |
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(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 [ |
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(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 [ |
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(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, [ |
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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 [ |
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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) [ |
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(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 [ |
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521.1425 and [ |
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Section 522.029. The department may require documentary evidence | ||
to verify the information required by this section [ |
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SECTION 11. Section 522.029, Transportation Code, is | ||
amended by amending Subsections (a) and (k) and adding Subsection | ||
(l) to read as follows: | ||
(a) The fee for a commercial driver's license or commercial | ||
driver learner's permit issued by the department is $60, except as | ||
provided by Subsections (f), (h), (j), [ |
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(k) The fee for a commercial driver's license or a | ||
nonresident commercial driver's license 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 [ |
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(l) The fee for a temporary commercial driver's license or a | ||
nonresident commercial driver's license that is issued in | ||
compliance with federal law 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 that is valid for more than | ||
one year is $20 for the first year and $15 for each additional year | ||
or portion of a year. | ||
SECTION 12. Subsection (f), Section 522.029, | ||
Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of | ||
the 75th Legislature, Regular Session, 1997, is redesignated as | ||
Subsection (f-1) to read as follows: | ||
(f-1) [ |
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driver learner's permit includes an authorization to operate a | ||
motorcycle or moped, the fee for the driver's license or permit is | ||
increased by $8. | ||
SECTION 13. 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 14. 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 15. 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 16. 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 17. This Act takes effect September 1, 2011. |