Bill Text: TX HB1058 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the creation of a Texas conditional driver's permit, provisional Texas conditional driver's permit, and Texas conditional learner permit; authorizing a fee.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2021-03-04 - Referred to State Affairs [HB1058 Detail]

Download: Texas-2021-HB1058-Introduced.html
  87R5238 AJZ-D
 
  By: Romero, Jr. H.B. No. 1058
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a Texas conditional driver's permit,
  provisional Texas conditional driver's permit, and Texas
  conditional learner permit; authorizing a fee.
         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 CONDITIONAL DRIVER'S PERMIT
         Sec. 521.231.  ELIGIBILITY. (a)  The department may issue a
  Texas conditional driver's permit, a provisional Texas conditional
  driver's permit, or a Texas conditional learner 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;
               (3)  is not ineligible for a driver's license under
  Section 521.202; and
               (4)  regardless of the person's age, has completed a
  driver education course required by Section 521.1601 and an
  examination required by Section 521.161, except as provided by
  Subsection (b).
         (b)  A person may be issued a Texas conditional learner
  permit without having passed the driving test under Section
  521.161.
         Sec. 521.232.  PERMIT REQUIREMENTS. (a) A permit issued
  under this subchapter is valid as proof of the permit holder's
  identity for driving purposes only. The permit is not valid as
  proof of the permit holder's identity for any federal purpose,
  including voting.
         (b)  The department shall:
               (1)  designate and clearly mark each permit issued
  under this subchapter;
               (2)  designate and clearly mark each provisional Texas
  conditional driver's permit or Texas conditional learner permit, as
  applicable, issued to a person who is younger than 18 years of age;
               (3)  include on a permit issued under this subchapter
  an indication that the permit is valid proof of identity for driving
  purposes only and is not valid as proof of identity for any federal
  purpose, including voting; and
               (4)  design the permit to appear substantially similar
  to the design of a driver's license.
         (c)  Except as otherwise provided by this chapter:
               (1)  a holder of a Texas conditional driver's permit is
  subject to the laws of this state applicable to the holder of an
  original or duplicate driver's license;
               (2)  a holder of a provisional Texas conditional
  driver's permit is subject to the laws of this state applicable to
  the holder of a provisional driver's license; and
               (3)  a holder of a Texas conditional learner permit is
  subject to the laws of this state applicable to the holder of a
  learner license.
         (d)  The department shall adopt rules:
               (1)  regarding the design and content of permits issued
  under this subchapter;
               (2)  establishing criteria for proof of identification
  and residency of an applicant;
               (3)  designating acceptable evidence that an applicant
  is not eligible for a social security number;
               (4)  requiring a check of state and national criminal
  history record information to determine whether an applicant is
  eligible for a permit under Section 521.231(a)(3); and
               (5)  regarding qualifications for the issuance of
  provisional Texas conditional driver's permits and Texas
  conditional learner permits.
         Sec. 521.233.  APPLICATION. (a) An application for a permit
  under this subchapter must state the applicant's full name and
  place and date of birth. This information must be verified by
  presentation of one document establishing the applicant's identity
  and age, including:
               (1)  a current passport or consular document issued to
  the applicant by the country of which the applicant is a citizen;
               (2)  a current border crossing card;
               (3)  a current Mexican voter registration card
  (Instituto Nacional Electoral credencial para votar);
               (4)  an individual taxpayer identification number
  issued by the Internal Revenue Service; or
               (5)  another identification document the department
  determines by rule is acceptable as proof of the information.
         (b)  The application must include:
               (1)  the applicant's thumbprints or, if thumbprints
  cannot be taken, the index fingerprints of the applicant;
               (2)  a photograph of the applicant;
               (3)  the signature of the applicant;
               (4)  a brief description of the applicant;
               (5)  any information necessary to perform a criminal
  history background check on the applicant; and
               (6)  evidence that the applicant has resided in this
  state for at least one year.
         (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)  if applicable, the date and reason for the
  suspension, revocation, or denial; and
               (5)  the county of residence of the applicant.
         (d)  Regardless of the applicant's age, the application must
  state whether the applicant has completed a driver education course
  required by Section 521.1601 and each applicable examination
  required by Section 521.161.
         (e)  The application must be accompanied by evidence of
  financial responsibility that complies with the requirements of
  Section 521.143.
         (f)  The application must include any other information the
  department requires to determine the applicant's eligibility as
  required by state law.
         (g)  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 (h).
         (h)  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.
         (i)  Information supplied to the department relating to the
  applicant's criminal 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, including an immigration
  proceeding.
         Sec. 521.234.  FEES. (a)  In this section, "consumer price
  index" means the Consumer Price Index for All Urban Consumers
  (CPI-U), as published by the United States Bureau of Labor
  Statistics or its successor in function.
         (b)  The initial fee for the issuance or renewal of a Texas
  conditional driver's permit or the issuance of a provisional Texas
  conditional driver's permit or a Texas conditional learner permit
  is $50.  The department may, on January 1 of each year, increase the
  fee established under this subsection as necessary to adjust for
  inflation as determined by the consumer price index if the
  department posts the planned fee increase on the department's
  Internet website not later than November 1 of the previous year.
         (c)  Each fee collected under this subchapter shall be
  deposited to the credit of the Texas mobility fund.
         Sec. 521.235.  EXPIRATION. (a) Each Texas conditional
  driver's permit issued or renewed under this subchapter expires two
  years after the date of issuance.
         (b)  Each provisional Texas conditional driver's permit and
  Texas conditional learner permit issued under this subchapter
  expires on the 18th birthday of the permit holder.
         Sec. 521.236.  RENEWAL. The department shall allow an
  eligible applicant to renew a Texas conditional driver's permit in
  the same manner and locations as an applicant for the renewal of a
  driver's license under Subchapter M.
         SECTION 2.  Not later than January 1, 2022, 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 3.  The Department of Public Safety of the State of
  Texas may not increase a fee as authorized by Section 521.234,
  Transportation Code, as added by this Act, before January 1, 2023.
         SECTION 4.  This Act takes effect September 1, 2021.
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