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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a temporary visitor's driver's license, |
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provisional temporary visitor's driver's license, and temporary |
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visitor's instruction permit; authorizing a fee; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 521, Transportation Code, is amended by |
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adding Subchapter K-1 to read as follows: |
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SUBCHAPTER K-1. TEMPORARY VISITOR'S DRIVER'S LICENSE |
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Sec. 521.231. ELIGIBILITY. The department may issue a |
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temporary visitor's driver's license to a person who: |
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(1) as of the date the license is issued, has resided |
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in this state for at least one year; |
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(2) is ineligible to obtain a social security number; |
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and |
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(3) is unable to present to the department |
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documentation issued by the United States agency responsible for |
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citizenship and immigration authorizing the person to be in the |
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United States. |
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Sec. 521.232. TEMPORARY VISITOR'S DRIVER'S LICENSE |
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REQUIREMENTS. (a) A temporary visitor's driver's license issued |
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under this subchapter is not valid as proof of the license holder's |
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identity. |
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(b) The department shall: |
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(1) designate and clearly mark as a temporary |
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visitor's driver's license each license issued under this |
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subchapter; |
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(2) designate and clearly mark as a provisional |
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temporary visitor's driver's license each license issued under this |
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subchapter to a person who is at least 16 years of age but younger |
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than 18 years of age; and |
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(3) include on a license issued under this subchapter |
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an indication that the license is not valid proof of identity. |
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(c) Except as otherwise provided by this chapter, a person |
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who holds a temporary visitor's driver's license is subject to the |
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laws of this state applicable to the holder of an original or |
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duplicate driver's license. |
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(d) Except as otherwise provided by this chapter, an |
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applicant for a temporary visitor's driver's license who is at least |
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16 years of age but younger than 18 years of age is subject to the |
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laws of this state applicable to a holder of a provisional license. |
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(e) The department shall adopt rules: |
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(1) regarding the design and content of the temporary |
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visitor's driver's license; |
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(2) establishing criteria for proof of identification |
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and residency of an applicant; |
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(3) designating acceptable evidence that an applicant |
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is not eligible for a social security number; and |
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(4) regarding the issuance of temporary visitor's |
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instruction permits. |
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Sec. 521.233. APPLICATION. (a) An application for a |
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temporary visitor's driver's license must state the applicant's |
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full name and place and date of birth. This information must be |
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verified by presentation of a current passport or consular document |
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issued to the applicant by the country of which the applicant is a |
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citizen. |
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(b) The application must include: |
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(1) the thumbprints of the applicant or, if |
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thumbprints cannot be taken, the index fingerprints of the |
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applicant; |
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(2) a photograph of the applicant; |
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(3) the signature of the applicant; and |
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(4) a brief description of the applicant. |
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(c) The application must state: |
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(1) the sex of the applicant; |
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(2) the residence address of the applicant; |
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(3) whether the applicant has been licensed to drive a |
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motor vehicle before; |
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(4) if previously licensed: |
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(A) when and by what state or country; |
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(B) whether that license has been suspended or |
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revoked or a license application denied; and |
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(C) the date and reason for the suspension, |
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revocation, or denial; and |
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(5) the county of residence of the applicant. |
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(d) If the applicant is younger than 21 years of age, the |
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application must state whether the applicant has completed a driver |
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education course required by Section 521.1601. |
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(e) The application must include any other information the |
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department requires to determine the applicant's identity, |
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residency, competency, and eligibility as required by the |
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department or state law. |
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(f) Information supplied to the department relating to an |
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applicant's medical history is for the confidential use of the |
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department and may not be disclosed to any person or used as |
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evidence in a legal proceeding other than a proceeding under |
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Subchapter N. This subsection does not apply to information |
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provided by an applicant under Subsection (g). |
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(g) The application must provide space for the applicant to |
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voluntarily list any health condition that may impede communication |
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with a peace officer as evidenced by a written statement from a |
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licensed physician. |
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Sec. 521.234. FEES. (a) The fee for issuance or renewal of |
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a temporary visitor's driver's license is $24. |
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(b) The fee for issuance of a provisional temporary |
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visitor's driver's license or temporary visitor's instruction |
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permit is $15. |
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Sec. 521.235. EXPIRATION. (a) Each temporary visitor's |
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driver's license issued under this subchapter expires three years |
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after the date of issuance. |
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(b) Each provisional temporary visitor's driver's license |
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and temporary visitor's instruction permit issued under this |
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subchapter expires on the 18th birthday of the license holder. |
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Sec. 521.236. FINANCIAL RESPONSIBILITY REQUIREMENT. (a) A |
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temporary visitor's driver's license is invalid if, on request of a |
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peace officer, the license holder is unable to provide evidence of |
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financial responsibility for a motor vehicle the license holder is |
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operating. |
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(b) A holder of a temporary visitor's driver's license who |
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cannot produce proof of financial responsibility commits an offense |
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punishable under Section 521.457. |
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SECTION 2. Section 521.457(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person operates a |
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motor vehicle on a highway: |
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(1) after the person's driver's license has been |
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canceled under this chapter if the person does not have a license |
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that was subsequently issued under this chapter; |
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(2) during a period that the person's driver's license |
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or privilege is suspended or revoked under any law of this state; |
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(3) while the person's driver's license is expired if |
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the license expired during a period of suspension; [or] |
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(4) after renewal of the person's driver's license has |
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been denied under any law of this state, if the person does not have |
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a driver's license subsequently issued under this chapter; or |
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(5) if the person holds a temporary visitor's driver's |
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license issued under Subchapter K-1 and is unable to provide |
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evidence of financial responsibility for a vehicle the license |
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holder is operating, as required under Section 521.236. |
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SECTION 3. Not later than January 1, 2014, the Department of |
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Public Safety of the State of Texas shall: |
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(1) adopt the rules necessary to implement Subchapter |
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K-1, Chapter 521, Transportation Code, as added by this Act; and |
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(2) create the application form required by Section |
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521.233, Transportation Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |