Bill Text: TX HB3050 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to driver's and learner licenses and the issuance of certain driver's licenses and identification certificates; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3050 Detail]
Download: Texas-2017-HB3050-Comm_Sub.html
Bill Title: Relating to driver's and learner licenses and the issuance of certain driver's licenses and identification certificates; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3050 Detail]
Download: Texas-2017-HB3050-Comm_Sub.html
By: King of Parker (Senate Sponsor - Nichols) | H.B. No. 3050 | |
(In the Senate - Received from the House May 10, 2017; | ||
May 10, 2017, read first time and referred to Committee on | ||
Transportation; May 19, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 19, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3050 | By: Nichols |
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relating to driver's and learner licenses and the issuance of | ||
certain driver's licenses and identification certificates; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 521.001(a)(3), Transportation Code, is | ||
amended to read as follows: | ||
(3) "Driver's license" means an authorization issued | ||
by the department for the operation of a motor vehicle. The term | ||
includes: | ||
(A) a temporary license or learner license | ||
[ |
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(B) an occupational license. | ||
SECTION 2. Sections 521.009(a), (a-1), and (c), | ||
Transportation Code, are amended to read as follows: | ||
(a) The department may establish a program for the provision | ||
of renewal and duplicate driver's license, election identification | ||
certificate, and personal identification certificate services in | ||
counties and municipalities that enter into an agreement with the | ||
department under Subsection (a-1). | ||
(a-1) Under the program, the department may enter into an | ||
agreement with the commissioners court of a county or the governing | ||
body of a municipality to permit county or municipal employees to | ||
provide services at a county or municipal office relating to the | ||
issuance of renewal and duplicate driver's licenses, election | ||
identification certificates, and personal identification | ||
certificates, including: | ||
(1) taking photographs; | ||
(2) administering vision tests; | ||
(3) updating a driver's license, election | ||
identification certificate, or personal identification certificate | ||
to change a name, address, or photograph; | ||
(4) distributing and collecting information relating | ||
to donations under Section 521.401; | ||
(5) collecting fees; and | ||
(6) performing other basic ministerial functions and | ||
tasks necessary to issue renewal and duplicate driver's licenses, | ||
election identification certificates, and personal identification | ||
certificates. | ||
(c) A participating county or municipality must remit to the | ||
department for deposit as required by this chapter fees collected | ||
for the issuance of a renewal or duplicate driver's license or | ||
personal identification certificate. | ||
SECTION 3. Section 521.0475(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (b) [ |
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department shall provide a certified abstract of a complete driving | ||
record of a license holder, for a fee of $20, to the license holder | ||
or a person eligible to receive the information under Sections | ||
730.007(a)(2)(A), (D), and (I). | ||
SECTION 4. Sections 521.050(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) In addition to the provisions of this subchapter | ||
relating to the disclosure of driver's license information on an | ||
individual, the department may provide a purchaser, in a format | ||
prescribed by the department and acceptable to the purchaser, [ |
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license holders that are contained in the department's basic | ||
driver's license record file if the purchaser certifies in writing | ||
that the purchaser is eligible to receive the information under | ||
Chapter 730. | ||
(c) The department shall impose and collect a fee of: | ||
(1) $2,000 for the initial driver's license | ||
information provided [ |
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Subsection (a); and | ||
(2) if the department provides a weekly update of the | ||
information [ |
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SECTION 5. Section 521.121(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The driver's license must include: | ||
(1) a distinguishing number assigned by the department | ||
to the license holder; | ||
(2) a [ |
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holder; | ||
(3) the full name and date of birth of the holder; | ||
(4) a brief description of the holder; and | ||
(5) the license holder's residence address or, for a | ||
license holder using the procedure under Subsection (c), the street | ||
address of the courthouse in which the license holder or license | ||
holder's spouse serves as a federal judge or state judge. | ||
SECTION 6. Sections 521.1211(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) In this section, "peace officer" has the meaning | ||
assigned by Article 2.12, Code of Criminal Procedure, except that | ||
the term includes a special investigator as defined by Article | ||
2.122, Code of Criminal Procedure. | ||
(b) Notwithstanding Section 521.121(a), the department by | ||
rule shall adopt procedures for the issuance of a driver's license | ||
to a peace officer that omits the license holder's actual residence | ||
address and includes, as an alternative, an address that is [ |
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acceptable to the department and is in the: | ||
(1) municipality or county of the peace officer's | ||
residence; or | ||
(2) county of the peace officer's place of employment. | ||
SECTION 7. Section 521.204(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department may not issue a Class A, B, or C driver's | ||
license other than a hardship license to an applicant under 18 years | ||
of age unless the applicant has held a learner license [ |
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preceding the date of the application. | ||
SECTION 8. The heading to Section 521.222, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 521.222. LEARNER LICENSE [ |
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SECTION 9. Sections 521.222(d), (f), and (g), | ||
Transportation Code, are amended to read as follows: | ||
(d) A learner license [ |
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holder to operate a type of motor vehicle on a highway while: | ||
(1) the license [ |
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possession; and | ||
(2) the holder is accompanied by a person occupying | ||
the seat by the operator who: | ||
(A) holds a license that qualifies the operator | ||
to operate that type of vehicle; | ||
(B) is 21 years of age or older; and | ||
(C) has at least one year of driving experience. | ||
(f) The department may issue a learner license [ |
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the registration requirements under Chapter 62, Code of Criminal | ||
Procedure, and is otherwise eligible for the license [ |
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learner license [ |
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subsection must include a photograph of the person. | ||
(g) A person who occupies the seat in a vehicle by a holder | ||
of a learner license [ |
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while the holder is operating the vehicle, the person: | ||
(1) sleeps; | ||
(2) is intoxicated, as defined by Section 49.01, Penal | ||
Code; or | ||
(3) is engaged in an activity that prevents the person | ||
from observing and responding to the actions of the operator. | ||
SECTION 10. Sections 521.271(a) and (a-3), Transportation | ||
Code, are amended to read as follows: | ||
(a) Each original driver's license, provisional license, | ||
learner license [ |
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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 sixth anniversary of the date of the | ||
application; | ||
(2) a provisional license expires on the 18th | ||
birthday of the license holder; | ||
(3) a learner license [ |
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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 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-3) Each original provisional license or learner license | ||
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national, 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. | ||
SECTION 11. Section 521.272(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) Subsection (c) does not apply to a: | ||
(1) [ |
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(2) learner license [ |
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under Section 521.222; or | ||
(3) [ |
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SECTION 12. Section 521.3451, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.3451. SUSPENSION OR DENIAL ON ORDER OF JUSTICE OR | ||
MUNICIPAL COURT FOR CONTEMPT OF COURT; REINSTATEMENT. (a) The | ||
department shall suspend or deny the issuance of a driver's license | ||
or learner license [ |
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suspend or deny the issuance of either [ |
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from a justice or municipal court under Article 45.050, Code of | ||
Criminal Procedure. | ||
(b) The department shall reinstate a license [ |
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suspended or reconsider a license [ |
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Subsection (a) on receiving notice from the justice or municipal | ||
court that ordered the suspension or denial that the contemnor has | ||
fully complied with the court's order. | ||
SECTION 13. Sections 521.421(c) and (h), Transportation | ||
Code, are amended to read as follows: | ||
(c) The fee for issuance of a provisional license or learner | ||
license [ |
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(h) The fee for issuance or renewal of a driver's license, a | ||
provisional license, a learner license [ |
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a hardship license issued to a person subject to the registration | ||
requirements under Chapter 62, Code of Criminal Procedure, is $20. | ||
SECTION 14. Section 521.428, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 521.428. COUNTY OR MUNICIPAL FEE. A county or | ||
municipality that provides services under an agreement described by | ||
Section 521.009 may collect an additional fee of up to $5 for each | ||
transaction provided that relates to driver's license and personal | ||
identification certificate services only. | ||
SECTION 15. Section 545.424(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) This section does not apply to: | ||
(1) a person operating a motor vehicle while | ||
accompanied in the manner required by Section 521.222(d)(2) for the | ||
holder of a learner license [ |
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(2) a person licensed by the Federal Communications | ||
Commission to operate a wireless communication device or a radio | ||
frequency device. | ||
SECTION 16. Sections 521.0475(c) and 521.222(b), (c), and | ||
(e), Transportation Code, are repealed. | ||
SECTION 17. The changes in law made by this Act to Sections | ||
521.121 and 521.1211, Transportation Code, apply only to a driver's | ||
license issued or renewed on or after the effective date of this | ||
Act. A driver's license issued or renewed before the effective date | ||
of this Act is governed by the law in effect when the license was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 18. This Act takes effect September 1, 2017. | ||
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