82R9190 ACP-D
	By: Phillips	H.B. No. 2805

	A BILL TO BE ENTITLED
	AN ACT
	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; [and]
	(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 [except that a
	certificate issued to a person 60 years of age or older does not
	expire].
	(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 [Subsection] (b) and
	(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, [and] provisional
	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 [Section] 521.271 and
	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) [This subsection] does not apply to:
	(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 [Section] 521.141, 521.142, and
	521.1425 and [must] be accompanied by the fee required under
	Section 522.029. The department may require documentary evidence
	to verify the information required by this section [Subsection
	(a)].
	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), [and] (k), and (l).
	(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 [nonresident
	commercial driver's license is $120.   The fee for a temporary
	nonresident commercial driver's license] is $20.
	(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) [(f)]  If a commercial driver's license or commercial
	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.