Bill Text: TX HB1186 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to documentary evidence of citizenship or other status as a requirement for issuance of certain identification documents.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to State Affairs [HB1186 Detail]
Download: Texas-2011-HB1186-Introduced.html
82R2841 AJZ-F | ||
By: Howard of Fort Bend | H.B. No. 1186 |
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relating to documentary evidence of citizenship or other status as | ||
a requirement for issuance of certain identification documents. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 7, Education Code, is | ||
amended by adding Section 7.063 to read as follows: | ||
Sec. 7.063. IDENTIFICATION DOCUMENT REQUIREMENTS. (a) The | ||
commissioner by rule shall establish procedures that comply with | ||
the requirements of this section for school districts and | ||
open-enrollment charter schools to abide by in the issuance of | ||
identification documents to individuals. | ||
(b) The procedures must provide that a school district or | ||
open-enrollment charter school may not issue an identification | ||
document identifying an individual as an administrator, faculty | ||
member, student, or employee of the school district or school | ||
unless the individual: | ||
(1) provides evidence that the person is a United | ||
States citizen, a United States national, or a legal permanent | ||
resident alien; or | ||
(2) presents, in person, documentary evidence of: | ||
(A) unexpired immigrant or nonimmigrant visa | ||
status for admission into the United States; | ||
(B) a pending or approved application for asylum | ||
in the United States; | ||
(C) admission into the United States in refugee | ||
status; | ||
(D) a pending or approved application for | ||
temporary protected status in the United States; | ||
(E) approved deferred action status; or | ||
(F) a pending application for adjustment of | ||
status to legal permanent resident or conditional resident status. | ||
(c) A school district or open-enrollment charter school may | ||
not issue an identification document to an individual under | ||
Subsection (b)(2) unless the document: | ||
(1) complies with this section and the rules adopted | ||
under this section; and | ||
(2) is valid only: | ||
(A) for the period the individual is authorized | ||
to stay in the United States; or | ||
(B) if there is not a definite end to the | ||
authorized stay, for the lesser of one year or the period the | ||
identification document is normally valid. | ||
(d) An identification document issued to an individual | ||
under Subsection (b)(2) must include: | ||
(1) a clear and conspicuous statement on the face of | ||
the document indicating the document is temporary and valid only | ||
for use on the school's campus; and | ||
(2) the document's expiration date. | ||
(e) An individual may renew an identification document | ||
issued under Subsection (b)(2) only by presenting, in person, | ||
documentary evidence described by Subsection (b)(2). | ||
SECTION 2. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.977 to read as follows: | ||
Sec. 51.977. IDENTIFICATION DOCUMENT REQUIREMENTS. (a) | ||
The Texas Higher Education Coordinating Board by rule shall | ||
establish procedures for an institution of higher education, as | ||
defined by Section 61.003, to abide by in the issuance of an | ||
identification document to an individual. | ||
(b) The procedures must provide that an institution of | ||
higher education may not issue an identification document | ||
identifying an individual as an administrator, faculty member, | ||
student, or employee of the institution unless the individual: | ||
(1) provides evidence that the person is a United | ||
States citizen, a United States national, or a legal permanent | ||
resident alien; or | ||
(2) presents, in person, documentary evidence of: | ||
(A) unexpired immigrant or nonimmigrant visa | ||
status for admission into the United States; | ||
(B) a pending or approved application for asylum | ||
in the United States; | ||
(C) admission into the United States in refugee | ||
status; | ||
(D) a pending or approved application for | ||
temporary protected status in the United States; | ||
(E) approved deferred action status; or | ||
(F) a pending application for adjustment of | ||
status to legal permanent resident or conditional resident status. | ||
(c) An institution of higher education may not issue an | ||
identification document to an individual under Subsection (b)(2) | ||
unless the document: | ||
(1) complies with this section and the rules adopted | ||
under this section; and | ||
(2) is valid only: | ||
(A) for the period the individual is authorized | ||
to stay in the United States; or | ||
(B) if there is not a definite end to the | ||
authorized stay, for the lesser of one year or the period the | ||
identification document is normally valid. | ||
(d) An identification document issued to an individual | ||
under Subsection (b)(2) must include: | ||
(1) a clear and conspicuous statement on the face of | ||
the document indicating the document is temporary and valid only | ||
for use on the institution's campus; and | ||
(2) the document's expiration date. | ||
(e) An individual may renew an identification document | ||
issued under Subsection (b)(2) only by presenting, in person, | ||
documentary evidence described by Subsection (b)(2). | ||
SECTION 3. Section 521.101, Transportation Code, is amended | ||
by adding Subsection (d-1) and amending Subsection (f) to read as | ||
follows: | ||
(d-1) The department shall require each applicant for an | ||
original, renewal, or duplicate personal identification | ||
certificate to provide to the department the information required | ||
by Section 521.142(b)(5). This subsection does not apply to an | ||
applicant who previously provided information to the department | ||
under Section 521.142(b)(5)(A). | ||
(f) A certificate expires on a date specified by the | ||
department, except that: | ||
(1) a certificate issued to a person 60 years of age or | ||
older, other than a person described by Subdivision (2), does not | ||
expire; and | ||
(2) a certificate issued to a person who is not a | ||
citizen or national of the United States or a legal permanent | ||
resident alien expires on a date corresponding to the end of the | ||
period of legal stay as indicated by documentation issued by United | ||
States Citizenship and Immigration Services or another federal | ||
agency responsible for citizenship and immigration. | ||
SECTION 4. Section 521.142, Transportation Code, is amended | ||
by amending Subsection (b) and adding Subsection (i) to read as | ||
follows: | ||
(b) The application must include: | ||
(1) the thumbprints of the applicant or, if | ||
thumbprints cannot be taken, the index fingerprints of the | ||
applicant; | ||
(2) a photograph of the applicant; | ||
(3) the signature of the applicant; [ |
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(4) a brief description of the applicant; and | ||
(5) proof that the applicant: | ||
(A) is a United States citizen, a United States | ||
national, or a legal permanent resident alien; or | ||
(B) is authorized to be in the United States in | ||
accordance with Subsection (i). | ||
(i) For an original, renewal, or duplicate license, an | ||
applicant who is required to provide proof under Subsection | ||
(b)(5)(B) must present to the department documentary evidence, | ||
issued by the United States Citizenship and Immigration Services or | ||
another federal agency responsible for citizenship and | ||
immigration, authorizing the applicant to be in the United States. | ||
The documentation must provide evidence of: | ||
(1) unexpired immigrant or nonimmigrant visa status | ||
for admission into the United States; | ||
(2) a pending or approved application for asylum in | ||
the United States; | ||
(3) admission into the United States in refugee | ||
status; | ||
(4) a pending or approved application for temporary | ||
protected status in the United States; | ||
(5) approved deferred action status; or | ||
(6) a pending application for adjustment of status to | ||
legal permanent resident or conditional resident status. | ||
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 (b) and (c) | ||
[ |
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original, renewal, or duplicate driver's license to furnish to the | ||
department the information required by Section 521.142. | ||
(c) The department shall require each applicant for a | ||
renewal or duplicate license to furnish to the department the | ||
information required by Section 521.142(b)(5). This subsection | ||
does not apply to an applicant who previously furnished information | ||
to the department under Section 521.142(b)(5)(A). | ||
SECTION 6. Section 521.271(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Sections 521.2711 and 521.2715, | ||
each [ |
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expires as follows: | ||
(1) [ |
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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. | ||
SECTION 7. Subchapter M, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.2715 to read as follows: | ||
Sec. 521.2715. LICENSE EXPIRATION: NONCITIZENS AND | ||
TEMPORARY RESIDENTS. A driver's license held by a person who is not | ||
a citizen or national of the United States or a legal permanent | ||
resident alien, including an original, renewal, or duplicate | ||
license, expires on the earlier of: | ||
(1) the date specified in Section 521.271 or 521.2711, | ||
as applicable; or | ||
(2) the date corresponding to the end of the period of | ||
legal stay as indicated by documentation issued by the United | ||
States Citizenship and Immigration Services or another federal | ||
agency responsible for citizenship and immigration. | ||
SECTION 8. Section 521.421, Transportation Code, is amended | ||
by adding Subsection (k) to read as follows: | ||
(k) If a driver's license issued to a person who is not a | ||
citizen or national of the United States or a legal permanent | ||
resident alien expires before the date specified in Section | ||
521.271, the department shall prorate the fee according to the | ||
number of years the license is to be in effect. | ||
SECTION 9. Section 521.422(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The fee for a personal identification certificate is: | ||
(1) $15 for a person under 60 years of age; | ||
(2) $5 for a person 60 years of age or older; [ |
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(3) $20 for a person subject to the registration | ||
requirements under Chapter 62, Code of Criminal Procedure; and | ||
(4) for a certificate issued to a person under Section | ||
521.101(f)(2), the lesser of: | ||
(A) $3 for each year the certificate is valid; or | ||
(B) $15. | ||
SECTION 10. Section 522.021(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) An application for a commercial driver's license or | ||
commercial driver learner's permit must include: | ||
(1) the full name and current residence and mailing | ||
address of the applicant; | ||
(2) a physical description of the applicant, including | ||
sex, height, and eye color; | ||
(3) the applicant's date of birth; | ||
(4) the applicant's social security number, unless the | ||
application is for a nonresident commercial driver's license and | ||
the applicant is a resident of a foreign jurisdiction; | ||
(5) certifications, including those required by 49 | ||
C.F.R. Section 383.71(a); [ |
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(6) the information required by Section | ||
521.142(b)(5); and | ||
(7) any other information required by the department. | ||
SECTION 11. Section 522.029, Transportation Code, is | ||
amended by amending Subsection (a) 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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(l) If a commercial driver's license or commercial driver | ||
learner's permit issued to a person who is not a citizen or national | ||
of the United States or a legal permanent resident alien expires | ||
before the date specified in Section 522.051, the department shall | ||
prorate the fee according to the number of years the license or | ||
permit is to be in effect. | ||
SECTION 12. Section 522.051(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (f) and Sections | ||
522.013(e), 522.033, 522.0515, and 522.054, an original commercial | ||
driver's license or commercial driver learner's permit expires five | ||
years after the applicant's next birthday. | ||
SECTION 13. Subchapter E, Chapter 522, Transportation Code, | ||
is amended by adding Section 522.0515 to read as follows: | ||
Sec. 522.0515. EXPIRATION OF LICENSE OR PERMIT: | ||
NONCITIZENS AND TEMPORARY RESIDENTS. A commercial driver's license | ||
or commercial driver learner's permit held by a person who is not a | ||
citizen or national of the United States or a legal permanent | ||
resident alien, including an original, renewal, or duplicate | ||
license, expires on the earlier of: | ||
(1) the date specified in Section 522.051 or 522.052; | ||
or | ||
(2) the date corresponding to the end of the period of | ||
legal stay as indicated by documentation issued by United States | ||
Citizenship and Immigration Services or another federal agency | ||
responsible for citizenship and immigration. | ||
SECTION 14. Section 522.052, Transportation Code, is | ||
amended by adding Subsection (i) to read as follows: | ||
(i) The department shall require each applicant for a | ||
renewal or duplicate commercial driver's license to provide to the | ||
department the information required by Section 521.142(b)(5). This | ||
subsection does not apply to an applicant who previously provided | ||
information to the department under Section 521.142(b)(5)(A). | ||
SECTION 15. The changes in law made by this Act to Chapters | ||
521 and 522, Transportation Code, apply only to an original, | ||
renewal, or duplicate application for a driver's license, personal | ||
identification certificate, commercial driver's license, or | ||
commercial driver learner's permit submitted on or after the | ||
effective date of this Act. | ||
SECTION 16. (a) The commissioner of education shall adopt | ||
rules necessary to administer Section 7.063, Education Code, as | ||
added by this Act. | ||
(b) The Texas Higher Education Coordinating Board shall | ||
adopt rules necessary to administer Section 51.977, Education Code, | ||
as added by this Act. | ||
SECTION 17. Sections 7.063 and 51.977, Education Code, as | ||
added by this Act, apply beginning with the 2011-2012 school year. | ||
SECTION 18. This Act takes effect September 1, 2011. |