By: Merritt H.B. No. 4036
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public safety and the issuance of driver's licenses and
  identification cards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  FEDERAL DRIVER'S LICENSE AND IDENTIFICATION CARD
  SECURITY REQUIREMENTS
         SECTION 1.01.  The heading to Chapter 521, Transportation
  Code, is amended to read as follows:
  CHAPTER 521.  DRIVER'S LICENSES AND IDENTIFICATION CARDS
  [CERTIFICATES]
         SECTION 1.02.  Section 521.001(a), Transportation Code, is
  amended by amending Subdivision (3) and adding Subdivisions (5-a)
  and (10) 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 learner's license [temporary license or
  instruction permit]; and
                     (B)  an occupational license.
               (5-a)  "Identification card" means a document issued by
  the department verifying a person's identity.
               (10)  "Temporary driver's license" or "temporary
  identification card" means a driver's license or identification
  card issued to a person who is not a citizen or legal permanent
  resident of the United States but has been granted lawful temporary
  status in the United States by the United States agency responsible
  for citizenship and immigration.  A temporary driver's license
  includes a learner's license, provisional license, and
  occupational license.
         SECTION 1.03.  Subchapter A, Chapter 521, Transportation
  Code, is amended by adding Section 521.007 to read as follows:
         Sec. 521.007.  RESTRICTIONS ON ISSUANCE.  The department may
  not issue both a driver's license and an identification card to the
  same individual.
         SECTION 1.04.  Sections 521.044(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  Information provided on a driver's license or
  identification card application that relates to the applicant's
  social security number may be used only by the department or
  disclosed only to:
               (1)  the child support enforcement division of the
  attorney general's office;
               (2)  another state entity responsible for enforcing the
  payment of child support; [or]
               (3)  the United States Selective Service System as
  provided by Section 521.147; or
               (4)  another state's driver's licensing agency or
  central record system as required by federal law.
         (b)  The department shall enter an applicant's social
  security number in the department's electronic database but may not
  print the number on the applicant's driver's license or
  identification card.
         SECTION 1.05.  Section 521.101, Transportation Code, is
  amended to read as follows:
         Sec. 521.101.  [PERSONAL] IDENTIFICATION CARD 
  [CERTIFICATE]. (a)  The department shall issue [personal]
  identification cards [certificates].
         (b)  An [A personal] identification card [certificate] must
  be similar in form to, but distinguishable in color from, a driver's
  license.
         (c)  The department shall indicate "UNDER 21" on the face of
  an [a personal] identification card [certificate] issued to a
  person under 21 years of age.
         (d)  The department may require each applicant for an
  original, renewal, or duplicate [personal] identification card 
  [certificate] to furnish to the department the information required
  by Section 521.142.
         (e)  The department may cancel and require surrender of an [a
  personal] identification card [certificate] after determining that
  the holder [was] is not entitled to the identification card 
  [certificate] or gave incorrect or incomplete information in the
  application for the identification card [certificate].
         (f)  An identification card [A 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
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States. [, except that a certificate issued to a person 60 years of
  age or older does not expire].
         (f-1)  A person 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 authorizing the
  person to be in the United States before the person may be issued an
  identification card.
         (g)  An individual, corporation, or association may not deny
  the holder of an [a personal] identification card [certificate]
  access to goods, services, or facilities, except as provided by
  Section 521.460 or in regard to the operation of a motor vehicle,
  because the holder has an [a personal] identification card 
  [certificate] rather than a driver's license.
         (h)  The department shall automatically revoke each
  [personal] identification card [certificate] issued by the
  department to a person who:
               (1)  is subject to the registration requirements of
  Chapter 62, Code of Criminal Procedure; and
               (2)  fails to apply to the department for renewal of the
  [personal] identification card [certificate] as required by
  Article 62.060, Code of Criminal Procedure.
         (i)  The department may issue an [a personal] identification
  card [certificate] to a person whose identification card 
  [certificate] is revoked under Subsection (h) only if the person
  applies for an original or renewal identification card 
  [certificate] under Section 521.103.
         SECTION 1.06.  Section 521.103, Transportation Code, is
  amended to read as follows:
         Sec. 521.103.  EXPIRATION AND RENEWAL REQUIREMENTS FOR
  CERTAIN SEX OFFENDERS. (a)  The department may issue an original
  or renewal [personal] identification card [certificate] to a person
  whose driver's license or [personal] identification card 
  [certificate] record indicates that the person is subject to the
  registration requirements of Chapter 62, Code of Criminal
  Procedure, only if the person:
               (1)  applies in person for the issuance of an
  identification card [a certificate] under this section; and
               (2)  pays a fee of $20.
         (b)  An [A personal] identification card [certificate]
  issued under this section, including a renewal, duplicate, or
  corrected identification card [certificate], expires:
               (1)  if the identification card holder is a citizen or
  legal permanent resident of the United States, on the first
  birthday of the identification card [certificate] holder occurring
  after the date of application, except that the initial
  identification card [certificate] issued under this section
  expires on the second birthday of the identification card 
  [certificate] holder occurring after the date of application; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
      (A)  the expiration of the applicant's authorized stay in the
  United States; or
               (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         SECTION 1.07.  Section 521.104, Transportation Code, is
  amended to read as follows:
         Sec. 521.104.  RENEWAL BY MAIL OR ELECTRONIC MEANS. The
  department by rule may provide that the holder of an [a personal]
  identification card [certificate] may renew the card [certificate]
  by mail, by telephone, over the Internet, or by other electronic
  means. A rule adopted under this section may prescribe eligibility
  standards for renewal under this section.
         SECTION 1.08.  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 digital [color] photograph of the entire face of
  the holder;
               (3)  the full legal name, date of birth, gender, and
  residence address of the holder; and
               (4)  a brief description of the holder.
         SECTION 1.09.  Section 521.124, Transportation Code, is
  amended to read as follows:
         Sec. 521.124.  TEMPORARY LICENSE OR TEMPORARY
  IDENTIFICATION CARD[; ISSUED WITHOUT PHOTOGRAPH]. (a)  The
  department shall [may] issue a temporary driver's license or
  temporary identification card [without a photograph of the license
  holder:
               [(1)]  to an applicant who is not a citizen or legal
  permanent resident[out of state or a member of the armed forces] of
  the United States and has temporary lawful status in the United
  States[; or
               [(2)     if the department otherwise determines that a
  temporary license is necessary].
         (b)  A temporary driver's license or temporary
  identification card expires:
      (1)  the expiration of the applicant's authorized period of
  stay in the United States as determined by the United States agency
  responsible for citizenship and immigration in compliance with
  federal law; or
         (2)  one year from the issuance date if there is no definite
  end to the period of authorized stay as determined by the United
  States agency responsible for citizenship and immigration in
  compliance with federal law. [A temporary license is valid only
  until the applicant has time to appear and be photographed and a
  license with a photograph is issued].
         (c)  The department may require each applicant for an
  original, renewal, or duplicate temporary driver's license or
  temporary identification card to furnish to the department the
  information required by Section 521.142.
         (d)  A temporary driver's license or temporary
  identification card must be distinctively marked on the face of the
  license or card.
         (e)  A temporary driver's license or temporary
  identification card cannot be issued for a term longer than maximum
  term of a driver's license or identification card issued under this
  chapter.
         SECTION 1.10.  Section 521.142, Transportation Code, is
  amended by amending Subsections (a), (b), (c), (e), and (g) and
  adding Subsection (i) to read as follows:
         (a)  An application for an original license must state the
  applicant's full legal name and place and date of birth.  This
  information must be verified by presentation of proof of identity
  satisfactory to the department and in compliance with applicable
  federal law.  A person 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 authorizing the
  person to be in the United States before the person may be issued a
  driver's license or identification card.  [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.]
         (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 digital photograph of the applicant;
               (3)  the signature of the applicant; and
               (4)  a brief description of the applicant.
         (c)  The application must state:
               (1)  the gender [sex] of the applicant;
               (2)  the principal residence address of the applicant;
               (3)  whether the applicant has been licensed to drive a
  motor vehicle or issued an identification card before;
               (4)  if previously licensed or issued an identification
  card, when and by what state or country;
               (5)  whether that license or driving privilege has been
  suspended or revoked or a license application denied;
               (6)  the date and reason for the suspension,
  revocation, or denial;
               (7)  whether the applicant is a citizen of the United
  States; and
               (8)  the county of residence of the applicant.
         (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 or federal law.
         (g)  The department shall [may] require an applicant to
  provide the applicant's social security number or proof of
  ineligibility for a social security number as required by state or
  federal law [only for a purpose permitted by Section 521.044].
         (i)  The application must be accompanied by a sworn statement
  certifying that the information provided on the application is true
  and correct.
         SECTION 1.11.  Section 521.182, Transportation Code, is
  amended to read as follows:
         Sec. 521.182.  SURRENDER OF LICENSE OR IDENTIFICATION CARD 
  ISSUED BY OTHER JURISDICTION. (a)  A person is not entitled to
  receive a driver's license or identification card until the person
  terminates by surrendering [surrenders] to the department each
  driver's license or identification card in the person's possession
  that was issued by this state or another state or Canadian province.
         (a-1)  The department may invalidate the surrendered license
  or identification card and return it to the applicant.
         (b)  The department shall send to the state or province that
  issued the license or identification card:
               (1)  the surrendered license or identification card or
  a notification that the license or identification card has been
  surrendered; and
               (2)  a statement that the person holds a driver's
  license or identification card issued by this state.
         SECTION 1.12.  Section 521.222, Transportation Code, is
  amended to read as follows:
         Sec. 521.222.  LEARNER'S LICENSE [INSTRUCTION PERMIT].
  (a)  The department or a driver education school licensed under
  Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
  Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
  may issue a learner's license [an instruction permit], including a
  Class A or Class B driver's license learner's license [instruction
  permit], to a person who:
               (1)  is 15 years of age or older but under 18 years of
  age;
               (2)  has satisfactorily completed and passed the
  classroom phase of an approved driver education course, which may
  be a course approved under Section 521.205;
               (3)  meets the requirements imposed under Section
  521.204(a)(3) [521.204(3)]; and
               (4)  has passed each examination required under Section
  521.161 other than the driving test.
         (b)  The department may issue a learner's license [an
  instruction permit] to a person 18 years of age or older who has
  successfully passed all parts of the driver's examination required
  under Section 521.161 other than the driving test.
         (c)  A driver education school may issue a learner's license 
  [an instruction permit] to a person 18 years of age or older who has
  successfully passed:
               (1)  a six-hour adult classroom driver education course
  approved by the Texas Education Agency; and
               (2)  each part of the driver's examination required by
  Section 521.161 other than the driving test.
         (d)  A learner's license [An instruction permit] entitles
  the holder to operate a type of motor vehicle on a highway while:
               (1)  the learner's license [permit] is in the holder's
  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.
         (e)  [Except as provided by Subsection (f), an instruction
  permit is not required to include a photograph.
         [(f)]  The department may issue a learner's license [an
  instruction permit] under this section to a person who is subject to
  the registration requirements under Chapter 62, Code of Criminal
  Procedure, and is otherwise eligible for the learner's license 
  [permit].
         (f)  A learner's license [An instruction permit issued under
  this subsection] must include a photograph of the license holder 
  [person].
         (g)  A person who occupies the seat in a vehicle by a holder
  of a learner's license [an instruction permit] commits an offense
  if, 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.
         (h)  It is a defense to prosecution [of a violation] under
  Subsection (g) that at the time of the violation another person in
  addition to the defendant:
               (1)  occupied the seat by the operator;
               (2)  complied with the requirements of Subsections
  (d)(2)(A)-(C); and
               (3)  was not in violation of Subsection (g).
         SECTION 1.13.  Section 521.271, Transportation Code, is
  amended to read as follows:
         Sec. 521.271.  LICENSE EXPIRATION. (a)  Each original
  driver's license, [and] provisional license, learner's license, or
  occupational license issued to a person who is a citizen or legal
  permanent resident of 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 earlier of:
                     (A)  the 18th birthday of the license holder; or
                     (B)  the first birthday of the license holder
  occurring after the date of the application;
               (3)  a learner's license [an instruction permit]
  expires on the second birthday of the license holder occurring
  after the date of the application; and
               (4)  an occupational license expires on the first
  anniversary of the court order granting the license.
         (a-1)  Each original driver's license, provisional license,
  or learner's license issued to a person who is not a citizen or
  legal permanent resident of the United States expires on the
  earlier of the first anniversary of the date of issuance or 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:
               (1)  the sixth anniversary of the expiration date
  before renewal if the license holder is a citizen or legal permanent
  resident of the United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
       (A)  the expiration of the applicant's authorized stay in the
  United States; or
               (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (c)  The department may require the renewal of a license or
  identification card before its expiration if the renewal is
  necessary to ensure compliance with federal law in the systematic
  conversion of driver's licenses and identification cards.
         SECTION 1.14.  Section 521.272, Transportation Code, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (d) to read as follows:
         (a)  The department may issue an original or renewal driver's
  license or temporary driver's license to a person whose driver's
  license or [personal] identification card [certificate] record
  indicates that the person is subject to the registration
  requirements of Chapter 62, Code of Criminal Procedure, only if the
  person:
               (1)  applies in person for the issuance of a license
  under this section; and
               (2)  pays the fee required by Section 521.421(h).
         (c)  Notwithstanding Section 521.271, a driver's license or
  temporary 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, 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 a citizen or legal
  permanent resident of the United States:
      (A)  the expiration of the applicant's authorized stay in the
  United States; or
               (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (d)  Subsection (c) [This subsection] does not apply to:
               (1)  a provisional license;
               (2)  a learner's license [an instruction permit] issued
  under Section 521.222; or
               (3)  a hardship license issued under Section 521.223.
         SECTION 1.15.  Section 521.314, Transportation Code, is
  amended to read as follows:
         Sec. 521.314.  CANCELLATION AUTHORITY. The department may
  cancel a license or identification card [certificate] if it
  determines that the holder:
               (1)  is [was] not entitled to the license or
  identification card [certificate]; or
               (2)  failed to give required information in the
  application for the license or identification card [certificate].
         SECTION 1.16.  Section 521.421, Transportation Code, is
  amended by adding Subsections (a-1) and (a-2) and amending
  Subsection (c) to read as follows:
         (a-1)  The fee for a driver's license or identification card
  issued in compliance with federal law to a person who is not a
  citizen or legal permanent resident of the United States and that is
  not valid for more than one year is $25.
         (a-2)  The fee for a temporary driver's license or temporary
  identification card that is valid for more than one year is $25 for
  the first year and $10 for each additional year or portion of a
  year.
         (c)  The fee for issuance or renewal of a provisional license
  or learner's license [instruction permit] is $10 [$5].
         SECTION 1.17.  Section 521.451(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Section 521.452, a person may not:
               (1)  display, cause or permit to be displayed, or have
  in the person's possession a driver's license or identification
  card [certificate] that the person knows is fictitious or has been
  altered;
               (2)  lend the person's driver's license or
  identification card [certificate] to another person or knowingly
  permit another person to use the person's driver's license or
  identification card [certificate];
               (3)  display or represent as the person's own a driver's
  license or identification card [certificate] not issued to the
  person;
               (4)  possess more than one currently valid driver's
  license or identification card [more than one currently valid
  certificate]; or
               (5)  in an application for an original, renewal, or
  duplicate driver's license or identification card [certificate]:
                     (A)  provide a false name, false address, or a
  counterfeit document; or
                     (B)  knowingly make a false statement, conceal a
  material fact, or otherwise commit fraud.
         SECTION 1.18.  Section 522.003, Transportation Code, is
  amended by adding Subdivision (27) to read as follows:
               (27)  "Temporary commercial driver's license" means a
  commercial driver's license issued to a person who is not a citizen
  or legal permanent resident of the United States but has been
  granted lawful temporary status in the United States by the United
  States agency responsible for citizenship and immigration.  A
  temporary commercial driver's license includes a commercial
  learner's license and a nonresident commercial driver's license.
         SECTION 1.19.  Section 522.013, Transportation Code, is
  amended by amending Subsections (a), (b), (c), (d), and (e) and
  adding Subsection (g) to read as follows:
         (a)  The department may issue a temporary commercial
  driver's license or temporary nonresident commercial driver's
  license to a resident of a foreign jurisdiction if the secretary has
  determined that the commercial motor vehicle testing and licensing
  standards in the foreign jurisdiction do not meet the testing
  standards established by 49 C.F.R. Part 383.
         (b)  The department shall issue a temporary commercial
  driver's license to an applicant who is not a citizen or legal
  permanent resident of the United States and has temporary lawful
  status in the United States.  [An applicant must surrender any
  nonresident commercial driver's license issued by another state.]
         (c)  The department may require each applicant for an
  original, renewal, or duplicate license issued under this section
  to furnish to the department the information required by Section
  521.142.  [Before issuing a nonresident commercial driver's
  license, the department must establish the practical capability of
  disqualifying the person under the conditions applicable to a
  commercial driver's license issued to a resident of this state.]
         (d)  A license issued under this section must be
  distinctively marked ["Nonresident" must appear] on the face of the 
  [a] license [issued under this section].
         (e)  The department may issue a temporary nonresident
  commercial driver's license to a person who does not present a
  social security card as required by Section 522.021(a-1)(1) but who
  otherwise meets the requirements for a temporary [nonresident]
  commercial driver's license, including the requirement that the
  commercial motor vehicle testing and licensing standards of the
  country of which the applicant is a resident not meet the testing
  and licensing standards established by 49 C.F.R. Part 383.  A
  license issued under this subsection:
               (1)  expires on the earlier of:
                     (A)  the 60th day after the date the license is
  issued;
                     (B)  the expiration date of the visa presented
  under Section 522.021(a-1)(2)(B); or
                     (C)  the expiration date of the Form I-94
  Arrival/Departure record, or a successor document, presented under
  Section 522.021(a-1)(2)(C); and
               (2)  may not be renewed.
         (g)  A temporary commercial driver's license expires:  
  (1)  the expiration of the applicant's authorized period of stay in
  the United States as determined by the United States agency
  responsible for citizenship and immigration in compliance with
  federal law; or
         (2)  one year from the issuance date if there is no definite
  end to the period of authorized stay as determined by the United
  States agency responsible for citizenship and immigration in
  compliance with federal law.
         (h)  A temporary commercial driver's license cannot be
  issued for a term longer than maximum term of a commercial driver's
  license issued under this chapter.
         SECTION 1.20.  Sections 522.021(a), (c), and (d),
  Transportation Code, are amended to read as follows:
         (a)  An application for a commercial driver's license or
  commercial driver learner's license [permit] must include:
               (1)  the full legal name and current principal 
  residence and mailing address of the applicant;
               (2)  a physical description of the applicant, including
  gender [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 temporary 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); and
               (6)  any other information required by the department.
         (c)  The application must meet the requirements of an
  application under Sections [Section] 521.141 and 521.142 and must
  be accompanied by the fee required under Section 522.029. The
  department may require documentary evidence to verify the
  information required by Subsection (a).
         (d)  A person who knowingly falsifies information or a
  certification required by Subsection (a) commits an offense and is
  subject to a 60-day cancellation of the person's commercial
  driver's license, commercial driver learner's license [permit], or
  application. An offense under this subsection is a Class C
  misdemeanor.
         SECTION 1.21.  Section 522.022, Transportation Code, is
  amended to read as follows:
         Sec. 522.022.  LICENSE REQUIREMENTS. The department may not
  issue a commercial driver's license other than a temporary 
  nonresident license to a person unless the person:
               (1)  has a domicile in this state;
               (2)  has passed knowledge and skills tests for driving
  a commercial motor vehicle that comply with minimal federal
  standards established by 49 C.F.R. Part 383, Subparts G and H; and
               (3)  has satisfied the requirements imposed by the
  federal act, federal regulation, or state law.
         SECTION 1.22.  Section 522.029, Transportation Code, is
  amended to read as follows:
         Sec. 522.029.  FEES. (a)  The fee for a commercial driver's
  license or commercial driver learner's license [permit] issued by
  the department is $60, except as provided by Subsections (f), (h),
  [and] (j), (k), (l), and (m).
         (b)  The fee for a commercial driver's license or commercial
  driver learner's license [permit] shall be reduced by $4 for each
  remaining year of validity of a driver's license, other than a
  commercial driver's license or commercial driver learner's license 
  [permit] issued by the department to the applicant.
         (c)  The fee for a duplicate commercial driver's license or
  commercial driver learner's license [permit] is $10.
         (d)  An applicant who is changing a class of license,
  endorsement, or restriction or who is adding a class of vehicle
  other than a motorcycle to the license must pay a fee of $10 for the
  examination, except for a renewal or original issuance of a
  commercial driver's license.
         (e)  The fees required by this chapter and collected by an
  officer or agent of the department shall be remitted without
  deduction to the department.
         (f)  The fee for renewal of a commercial driver's license or
  a commercial driver learner's license [permit] that includes
  authorization to operate a motorcycle is $45.
         (f-1) [(f)]  If a commercial driver's license or commercial
  driver learner's license [permit] includes an authorization to
  operate a motorcycle or moped, the fee for the driver's license or
  learner's license [permit] is increased by $8.
         (g)  An applicant who is applying for additional
  authorization to operate a motorcycle shall pay a fee of $15 for the
  examination.
         (h)  The fee for a commercial driver's license or commercial
  driver learner's license [permit] issued under Section 522.033 is
  $20.
         (i)  Except as provided by Section 662.011, each fee
  collected under this section shall be deposited to the credit of the
  Texas mobility fund.
         (j)  The fee for issuance or renewal of a commercial driver's
  license or commercial driver learner's license [permit] is $25 for
  a license with an expiration date established under Section
  522.054.
         (k)  The fee for a commercial driver's license issued in
  compliance with federal law to a person who is not a citizen or
  legal permanent resident of the United States and that is not valid
  for more than one year is $50.
         (l)  The fee for a temporary commercial driver's license that
  is valid for more than one year is $50 for the first year and $25 for
  each additional year or portion of a year.
         (m)  The fee for a temporary nonresident commercial driver's
  license is $50.
         [(j)     The fee for a nonresident commercial driver's license
  is $120.     The fee for a temporary nonresident commercial driver's
  license is $20.]
         SECTION 1.23.  Section 522.030, Transportation Code, is
  amended to read as follows:
         Sec. 522.030.  CONTENT OF LICENSE. 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 full legal name and mailing address of
  the person to whom it is issued;
                     (B)  the person's digital [color] photograph;
                     (C)  a physical description of the person,
  including gender [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.
         SECTION 1.24.  Section 522.033, Transportation Code, is
  amended to read as follows:
         Sec. 522.033.  COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN
  SEX OFFENDERS.  (a)  The department may issue an original or
  renewal commercial driver's license or commercial driver learner's
  license, including a temporary commercial driver's license or
  temporary commercial driver learner's license, [permit] to a person
  whose driver's license or [personal] identification card 
  [certificate] record indicates that the person is subject to the
  registration requirements of Chapter 62, Code of Criminal
  Procedure, only if the person is otherwise eligible for the
  commercial driver's license or commercial driver learner's license 
  [permit] and:
               (1)  applies in person for the issuance of a license or
  learner's license [permit] under this section; and
               (2)  pays a fee of $50.
         (b)  Notwithstanding Section 522.051, a commercial driver's
  license or commercial driver learner's license [permit] 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, 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 a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         SECTION 1.25.  The heading to Section 522.051,
  Transportation Code, is amended to read as follows:
         Sec. 522.051.  EXPIRATION OF LICENSE OR LEARNER'S LICENSE
  [PERMIT].
         SECTION 1.26.  Section 522.051(a), Transportation Code, as
  amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         (a)  Except as provided by Subsection (f) and Sections
  522.013(e), [and] 522.033, and 522.054, an original commercial
  driver's license or commercial driver learner's license [permit]
  expires:
               (1)  on the fifth anniversary of [five years after] the
  applicant's next birthday if the license holder is a citizen or
  legal permanent resident of the United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         SECTION 1.27.  Section 522.051, Transportation Code, is
  amended by amending Subsections (b), (c), and (d) and adding
  Subsection (g) to read as follows:
         (b)  Except as provided by Section 522.054, a commercial
  driver's license or commercial driver learner's license [permit]
  issued to a person holding a Texas Class A, B, C, or M license that
  would expire one year or more after the date of issuance of the
  commercial driver's license or commercial driver learner's license 
  [permit] expires:
               (1)  on the fifth anniversary of [five years after] the
  applicant's next birthday if the license holder is a citizen or a
  legal permanent resident of the United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (c)  Except as provided by Section 522.054, a commercial
  driver's license or commercial driver learner's license [permit]
  issued to a person holding a Texas Class A, B, C, or M license that
  would expire less than one year after the date of issuance of the
  commercial driver's license or commercial driver learner's license 
  [permit] or that has been expired for less than one year expires:
               (1)  on the fifth anniversary of [five years after] the
  expiration date shown on the Class A, B, C, or M license if the
  license holder is a citizen or legal permanent resident of the
  United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (d)  Except as provided by Section 522.054, a commercial
  driver's license or commercial driver learner's license [permit]
  issued to a person holding a Texas Class A, B, C, or M license that
  has been expired for at least one year but not more than two years
  expires:
               (1)  on the fifth anniversary of [five years after] the
  applicant's last birthday if the license holder is a citizen or
  legal permanent resident of the United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (g)  The department may require the renewal of a license
  before its expiration if the renewal is necessary to ensure
  compliance with federal law in the systematic conversion of
  driver's licenses.
         SECTION 1.28  Sections 522.052(b), (c), and (e),
  Transportation Code, are amended to read as follows:
         (b)  Except as provided by Section 522.054, a renewal of a
  commercial driver's license that has been expired for less than one
  year expires:
               (1)  on the fifth anniversary of [five years after] the
  expiration date shown on the commercial driver's license if the
  license holder is a citizen or legal permanent resident of the
  United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (c)  Except as provided by Section 522.054, a renewal of a
  commercial driver's license that has been expired for at least one
  year but not more than two years expires:
               (1)  on the sixth anniversary of [six years after] the
  applicant's last birthday if the license holder is a citizen or
  legal permanent resident of the United States; or
               (2)  if the applicant is not a citizen or legal
  permanent resident of the United States:
                     (A)  the expiration of the applicant's authorized
  stay in the United States; or
                     (B)  one year from the issuance date if there is no
  definite expiration date for the authorized stay in the United
  States.
         (e)  A commercial driver learner's license [permit] may not
  be renewed.
  ARTICLE 2.  CONFORMING AMENDMENTS
         SECTION 2.01.  Article 62.005(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  Notwithstanding Chapter 730, Transportation Code, the
  department shall maintain in the database, and shall post on any
  department website related to the database, any photograph of the
  person that is available through the process for obtaining or
  renewing an [a personal] identification card [certificate] or
  driver's license under Section 521.103 or 521.272, Transportation
  Code.  The department shall update the photograph in the database
  and on the website annually or as the photograph otherwise becomes
  available through the renewal process for the card [certificate] or
  license.
         SECTION 2.02.  Article 62.006, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 62.006.  INFORMATION PROVIDED TO PEACE OFFICER ON
  REQUEST. The department shall establish a procedure by which a
  peace officer or employee of a law enforcement agency who provides
  the department with a driver's license number, [personal]
  identification card [certificate] number, or license plate number
  is automatically provided information as to whether the person to
  whom the driver's license or [personal] identification card 
  [certificate] is issued is required to register under this chapter
  or whether the license plate number is entered in the computerized
  central database under Article 62.005 as assigned to a vehicle
  owned or driven by a person required to register under this chapter.
         SECTION 2.03.  Article 42.016, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 42.016.  SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
  REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
  of, receives a grant of deferred adjudication for, or is
  adjudicated as having engaged in delinquent conduct based on a
  violation of an offense for which a conviction or adjudication
  requires registration as a sex offender under Chapter 62, the court
  shall:
               (1)  issue an order requiring the Texas Department of
  Public Safety to include in any driver's license record or
  [personal] identification card [certificate] record maintained by
  the department for the person an indication that the person is
  subject to the registration requirements of Chapter 62;
               (2)  require the person to apply to the Texas
  Department of Public Safety in person for an original or renewal
  driver's license or [personal] identification card [certificate]
  not later than the 30th day after the date the person is released or
  the date the department sends written notice to the person of the
  requirements of Article 62.060, as applicable, and to annually
  renew the license or identification card [certificate];
               (3)  notify the person of the consequence of the
  conviction or order of deferred adjudication as it relates to the
  order issued under this article; and
               (4)  send to the Texas Department of Public Safety a
  copy of the record of conviction, a copy of the order granting
  deferred adjudication, or a copy of the juvenile adjudication, as
  applicable, and a copy of the order issued under this article.
         SECTION 2.04.  Article 62.053(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Before a person who will be subject to registration
  under this chapter is due to be released from a penal institution,
  the Texas Department of Criminal Justice or the Texas Youth
  Commission shall determine the person's level of risk to the
  community using the sex offender screening tool developed or
  selected under Article 62.007 and assign to the person a numeric
  risk level of one, two, or three.  Before releasing the person, an
  official of the penal institution shall:
               (1)  inform the person that:
                     (A)  not later than the later of the seventh day
  after the date on which the person is released or after the date on
  which the person moves from a previous residence to a new residence
  in this state or not later than the later of the first date the
  applicable local law enforcement authority by policy allows the
  person to register or verify registration, the person
  must  register or verify registration with the local law
  enforcement authority in the municipality or county in which the
  person intends to reside;
                     (B)  not later than the seventh day after the date
  on which the person is released or the date on which the person
  moves from a previous residence to a new residence in this state,
  the person must,  if the person has not moved to an intended
  residence, report to the juvenile probation officer, community
  supervision and corrections department officer, or parole officer
  supervising the person;
                     (C)  not later than the seventh day before the
  date on which the person moves to a new residence in this state or
  another state, the person must report in person to the local law
  enforcement authority designated as the person's primary
  registration authority by the department and to the juvenile
  probation officer, community supervision and corrections
  department officer, or parole officer supervising the person;
                     (D)  not later than the 10th day after the date on
  which the person arrives in another state in which the person
  intends to reside, the person must register with the law
  enforcement agency that is identified by the department as the
  agency designated by that state to receive registration
  information, if the other state has a registration requirement for
  sex offenders;
                     (E)  not later than the 30th day after the date on
  which the person is released, the person must apply to the
  department in person for the issuance of an original or renewal
  driver's license or [personal] identification card [certificate]
  and a failure to apply to the department as required by this
  paragraph results in the automatic revocation of any driver's
  license or [personal] identification card [certificate] issued by
  the department to the person; and
                     (F)  the person must notify appropriate entities
  of any change in status as described by Article 62.057;
               (2)  require the person to sign a written statement
  that the person was informed of the person's duties as described by
  Subdivision (1) or Subsection (g) or, if the person refuses to sign
  the statement, certify that the person was so informed;
               (3)  obtain the address where the person expects to
  reside on the person's release and other registration information,
  including a photograph and complete set of fingerprints; and
               (4)  complete the registration form for the person.
         SECTION 2.05.  Article 62.060, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 62.060.  REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
  [PERSONAL] IDENTIFICATION CARD [CERTIFICATE]. (a)  A person
  subject to registration under this chapter shall apply to the
  department in person for the issuance of, as applicable, an
  original or renewal driver's license under Section 521.272,
  Transportation Code, an original or renewal [personal]
  identification card [certificate] under Section 521.103,
  Transportation Code, or an original or renewal commercial driver's
  license or commercial driver learner's license [permit] under
  Section 522.033, Transportation Code, not later than the 30th day
  after the date:
               (1)  the person is released from a penal institution or
  is released by a court on community supervision or juvenile
  probation; or
               (2)  the department sends written notice to the person
  of the requirements of this article.
         (b)  The person shall annually renew in person each driver's
  license or [personal] identification card [certificate] issued by
  the department to the person, including each renewal, duplicate, or
  corrected license or card [certificate], until the person's duty to
  register under this chapter expires.
         SECTION 2.06.  Section 1956.062(c), Occupations Code, is
  amended to read as follows:
         (c)  The dealer shall record the proposed seller's driver's
  license number or department [personal] identification card 
  [certificate] number on physical presentation of the license or
  [personal] identification card [certificate] by the seller. The
  record must accompany the list.
         SECTION 2.07.  Section 12.114, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 12.114.  DRIVER'S LICENSE OR [PERSONAL] IDENTIFICATION
  CARD [CERTIFICATE] REQUIRED. (a)  A person who is 17 years of age or
  older and who has a license or permit issued under this code or who
  is engaging in an activity that requires a license or permit shall
  have a driver's license or [personal] identification card 
  [certificate] in the person's immediate possession.
         (b)  If the person is a resident as defined by Subdivision
  (1) of Section 42.001 of this code, "driver's license" and
  "[personal] identification card [certificate]" have the meanings
  assigned by Chapter 521, Transportation Code.
         (c)  If the person is a nonresident as defined by Section
  42.001, "driver's license" and "[personal] identification card 
  [certificate]" mean those documents that are similar to those
  defined in Subsection (b) and that are issued by the agency in the
  state or country of which the person is a resident that is
  authorized to issue driver's licenses or [personal] identification
  cards [certificates].
         SECTION 2.08.  Section 12.115(a), Parks and Wildlife Code,
  is amended to read as follows:
         (a)  A person who is arrested for an alleged violation of
  this code or a proclamation or regulation adopted under this code
  commits an offense if the person:
               (1)  does not have in his immediate possession a
  driver's license or [personal] identification card [certificate]
  required by Section 12.114 of this code; or
               (2)  fails or refuses to display the driver's license or
  [personal] identification card [certificate] required by Section
  12.114 of this code when requested to do so by any peace officer,
  game warden, magistrate, or officer of a court of competent
  jurisdiction.
         SECTION 2.09.  Section 12.116(a), Parks and Wildlife Code,
  is amended to read as follows:
         (a)  If a person is convicted in justice court for violating
  a provision of this code or a proclamation or regulation adopted
  under this code that provides enhanced penalties for subsequent
  convictions, the court on request shall submit to the department an
  affidavit certifying the conviction. The affidavit must include
  the driver's license number or [personal] identification card 
  [certificate] number obtained from the violator.
         SECTION 2.10.  The heading to Subtitle B, Title 7,
  Transportation Code, is amended to read as follows:
  SUBTITLE B.  DRIVER'S LICENSES AND [PERSONAL] IDENTIFICATION CARDS
         SECTION 2.11.  Section 502.1715(b), Transportation Code, is
  amended to read as follows:
         (b)  Fees collected under this section shall be deposited to
  the credit of the state highway fund.  Subject to appropriations,
  the money shall be used by the Department of Public Safety to:
               (1)  support the Department of Public Safety's
  reengineering of the driver's license system to provide for the
  issuance by the Department of Public Safety of a driver's license or
  [personal] identification card [certificate], to include use of
  image comparison technology;
               (2)  establish and maintain a system to support the
  driver responsibility program under Chapter 708; and
               (3)  make lease payments to the master lease purchase
  program for the financing of the driver's license reengineering
  project.
         SECTION 2.12.  Sections 521.054(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  This section applies to a person who:
               (1)  after applying for the driver's license or
  identification card [certificate] moves from the address stated in
  the person's application for a license or identification card 
  [certificate];
               (2)  moves from the address shown on the license or
  identification card [certificate] held by the person; or
               (3)  changes the person's name by marriage or
  otherwise.
         (b)  A person subject to this section shall notify the
  department of the change not later than the 30th day after the date
  on which the change takes effect and apply for a duplicate license
  or identification card [certificate] as provided by Section
  521.146.
         (c)  A person changing the person's address shall notify the
  department of the old and new addresses and the number of the
  license or identification card [certificate] held by the person. A
  person changing the person's name shall notify the department of
  the former and new names and the number of the license or
  identification card [certificate] held by the person.
         SECTION 2.13.  Section 521.057, Transportation Code, is
  amended to read as follows:
         Sec. 521.057.  INFORMATION REGARDING CERTAIN SEX OFFENDERS.
  (a)  On receipt of a court order issued under Article 42.016, Code
  of Criminal Procedure, the department shall ensure that any
  driver's license record or [personal] identification card 
  [certificate] record maintained by the department for the person
  includes an indication that the person is subject to the
  registration requirements of Chapter 62, Code of Criminal
  Procedure[, as added by Chapter 668, Acts of the 75th Legislature,
  Regular Session, 1997].
         (b)  The department shall include the indication required by
  Subsection (a) in any driver's license record or [personal]
  identification card [certificate] record maintained by the
  department for the person until the expiration of the person's duty
  to register under Chapter 62, Code of Criminal Procedure[, as added
  by Chapter 668, Acts of the 75th Legislature, Regular Session,
  1997].
         SECTION 2.14.  Section 521.059(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall authenticate the facial image and
  thumbprints or fingerprints provided by an applicant for an [a
  personal] identification card [certificate], driver's license, or
  commercial driver's license or learner's license [permit] using
  image comparison technology to ensure that the applicant:
               (1)  is issued only one original license[, permit,] or
  identification card [certificate];
               (2)  does not fraudulently obtain a duplicate license[,
  permit,] or identification card [certificate]; and
               (3)  does not commit other fraud in connection with the
  application for a license[, permit,] or identification card 
  [certificate].
         SECTION 2.15.  Sections 521.126(a), (b), and (e) through
  (i), Transportation Code, are amended to read as follows:
         (a)  The department may not include any information on a
  driver's license, commercial driver's license, or [personal]
  identification card [certificate] in an electronically readable
  form other than the information printed on the license and a
  physical description of the license holder [licensee].
         (b)  Except as provided by Subsections (d), (e), (g), (i),
  and (j), a person commits an offense if the person:
               (1)  accesses or uses electronically readable
  information derived from a driver's license, commercial driver's
  license, or [personal] identification card [certificate]; or
               (2)  compiles or maintains a database of electronically
  readable information derived from driver's licenses, commercial
  driver's licenses, or [personal] identification card
  [certificates].
         (e)  The prohibition provided by Subsection (b)(1) does not
  apply to a financial institution or a business if the information is
  accessed and used only for purposes of identification verification
  of an individual or check verification at the point of sale for a
  purchase of a good or service by check.  The prohibition provided
  by Subsection (b)(2) does not apply to a financial institution if
  each license or identification card [certificate] holder whose
  information is included in the compilation or database consents to
  the inclusion of the person's information in the compilation or
  database.  Consent under this subsection must be on a separate
  document, signed by the license or identification card 
  [certificate] holder, that explains in at least 14-point bold type
  the information that will be included in the compilation or
  database.  For the purposes of this subsection, "financial
  institution" has the meaning assigned by 31 U.S.C. Section
  5312(a)(2), as amended.
         (f)  A person may not use information derived from
  electronically readable information from a driver's license,
  commercial driver's license, or [personal] identification card
  [certificate] to engage in telephone solicitation to encourage the
  purchase or rental of, or investment in, goods, other property, or
  services.
         (g)  If authorized by the executive or administrative head of
  a maritime facility as defined in the Maritime Transportation
  Security Act of 2002 (46 U.S.C. Section 70101 et seq.), or of a
  port, port authority, or navigation district created or operating
  under Section 52, Article III, or Section 59, Article XVI, Texas
  Constitution, a person may access, use, compile, or maintain in a
  database electronically readable information derived from a
  driver's license, commercial driver's license, or [personal]
  identification card [certificate] to secure the facility or port.  
  The information may be used only to:
               (1)  identify an individual;
               (2)  provide official credentials for an individual;
               (3)  track or limit the movement of an individual on
  facility property;
               (4)  establish a secure database of visitors to the
  facility;
               (5)  access the information at terminal and gate
  operations of the facility; or
               (6)  conduct other security or operational activities
  as determined by the executive or administrative head.
         (h)  Except as provided by Section 418.183, Government Code,
  the electronically readable information derived from a driver's
  license, commercial driver's license, or [personal] identification
  card [certificate] for the purposes of Subsection (g) is
  confidential and not subject to disclosure, inspection, or copying
  under Chapter 552, Government Code.
         (i)  The prohibition provided by Subsection (b) does not
  apply to a hospital that accesses, uses, compiles, or maintains a
  database of the information to provide health care services to the
  individual who holds the driver's license, commercial driver's
  license, or [personal] identification card [certificate].
         SECTION 2.16.  Section 521.146, Transportation Code, is
  amended to read as follows:
         Sec. 521.146.  APPLICATION FOR DUPLICATE LICENSE OR
  IDENTIFICATION CARD [CERTIFICATE]. (a)  If a driver's license or
  identification card [certificate] issued under this chapter is lost
  or destroyed, or there is a change in pertinent information, the
  person to whom the license or identification card [certificate] was
  issued may obtain a duplicate or corrected version.
         (b)  An applicant for a corrected driver's license or
  identification card [certificate] must submit to the department the
  required fee, accompanied by the required information that has
  changed with proof satisfactory to the department that supports the
  change.
         (c)  The department by rule may provide that the holder of a
  driver's license or identification card [certificate] issued by the
  department may apply for the issuance of a duplicate license or
  identification card [certificate] by mail, by telephone, over the
  Internet, or by other electronic means.
         (d)  A rule adopted under Subsection (c) may prescribe
  eligibility standards for issuance of a duplicate driver's license
  or identification card [certificate] under this section.
         SECTION 2.17.  Section 521.147(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall develop by rule a selective service
  consent statement as a part of the application for an original,
  renewal, or duplicate driver's license or [personal]
  identification card [certificate]. The consent statement must
  include a place to indicate consent or declination to register with
  the United States Selective Service System and must state the
  benefits and penalties associated with consent or declination to
  register. The department shall present the statement to each
  applicant who is subject to registration with the Selective Service
  System and record the applicant's response. A response is required
  to complete the application for a license or identification card 
  [certificate] for such an applicant. The department shall forward
  to the Selective Service System, in an electronic format, only the
  information necessary for registration of an applicant consenting
  to registration.
         SECTION 2.18.  Section 521.223(d), Transportation Code, is
  amended to read as follows:
         (d)  If the department determines that an applicant must
  assist in the responsibilities imposed by a family illness,
  disability, death-related emergency, or economic emergency, it may
  waive the driver training course requirement [and may issue a
  temporary license]. [A temporary license issued under this
  subsection is valid for 60 days after the date of issuance and may
  be renewed for additional 60-day periods as long as the condition
  continues.]
         SECTION 2.19.  The heading to Section 521.275,
  Transportation Code, is amended to read as follows:
         Sec. 521.275.  CHANGE OF DRIVER'S LICENSE OR [PERSONAL]
  IDENTIFICATION CARD [CERTIFICATE] NUMBER.
         SECTION 2.20.  Sections 521.275(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The department shall issue to a person a new driver's
  license number or [personal] identification card [certificate]
  number on the person's showing a court order stating that the person
  has been the victim of domestic violence.
         (c)  Except as provided by Sections 521.049(c), 730.005, and
  730.006, the department may not disclose:
               (1)  the changed license or identification card 
  [certificate] number; or
               (2)  the person's name or any former name.
         SECTION 2.21.  Sections 521.401(b) and (d), Transportation
  Code, are amended to read as follows:
         (b)  The statement of gift may be shown on a donor's driver's
  license or [personal] identification card [certificate] or by a
  card designed to be carried by the donor to evidence the donor's
  intentions with respect to organ, tissue, and eye donation.  A
  donor card signed by the donor shall be given effect as if executed
  pursuant to Section 692.003(d), Health and Safety Code.
         (d)  An affirmative statement of gift on a person's driver's
  license or [personal] identification card [certificate] executed
  after August 31, 2005, shall be conclusive evidence of a decedent's
  status as a donor and serve as consent for organ, tissue, and eye
  removal.
         SECTION 2.22.  Section 521.402(a), Transportation Code, is
  amended to read as follows:
         (a)  To revoke an affirmative statement of gift on a person's
  driver's license or [personal] identification card [certificate],
  a person must apply to the department for an amendment to the
  license or identification card [certificate].
         SECTION 2.23.  Section 521.403, Transportation Code, is
  amended to read as follows:
         Sec. 521.403.  INFORMATION PROVIDED TO HOSPITAL. The donor
  card of a person who is involved in an accident or other trauma
  shall accompany the person to the hospital or other health care
  facility.  The driver's license or [personal] identification card 
  [certificate] indicating an affirmative statement of gift of a
  person who is involved in an accident or other trauma shall
  accompany the person to the hospital or health care facility if the
  person does not have a donor card.
         SECTION 2.24.  Section 521.422, Transportation Code, is
  amended to read as follows:
         Sec. 521.422.  [PERSONAL] IDENTIFICATION CARD [CERTIFICATE]
  FEE. (a)  The fee for an [a personal] identification card 
  [certificate] is:
               (1)  $15 for a person under 60 years of age;
               (2)  $5 for a person 60 years of age or older; and
               (3)  $20 for a person subject to the registration
  requirements under Chapter 62, Code of Criminal Procedure.
         (b)  The department shall collect an additional fee of $1 for
  the issuance or renewal of an [a personal] identification card to
  fund the Blindness Education, Screening, and Treatment Program
  established under Section 91.027, Human Resources Code, if the
  person applying for or renewing an [a personal] identification card
  opts to pay the additional fee.
         (c)  The department shall collect an additional fee of $1 for
  the issuance or renewal of an [a personal] identification card,
  including a duplicate [personal] identification card or an [a
  personal] identification card issued or renewed over the Internet
  or by other electronic means, to pay the costs of the Donor
  Education, Awareness, and Registry Program of Texas, established
  under Chapter 49, Health and Safety Code, and, subject to Section
  113.104, Health and Safety Code, of the Texas Organ, Tissue, and Eye
  Donor Council, established under Chapter 113, Health and Safety
  Code, if the person applying for or renewing an [a personal]
  identification card opts to pay the additional fee.  The department
  shall remit fees collected under this subsection to the
  comptroller, who shall maintain the identity of the source of the
  fees.  Subject to appropriation, the department may retain three
  percent of the money collected under this subsection to cover the
  costs in administering this subsection.
         SECTION 2.25.  Section 521.424, Transportation Code, is
  amended to read as follows:
         Sec. 521.424.  DUPLICATE LICENSE OR IDENTIFICATION CARD 
  [CERTIFICATE] FEE. The fee for a duplicate driver's license or
  duplicate [personal] identification card [certificate] is $10.
         SECTION 2.26.  Sections 521.453(a), (b), (c), (f), and (g),
  Transportation Code, are amended to read as follows:
         (a)  Except as provided by Subsection (f), a person under the
  age of 21 years commits an offense if the person possesses, with the
  intent to represent that the person is 21 years of age or older, a
  document that is deceptively similar to a driver's license or an [a
  personal] identification card [certificate] unless the document
  displays the statement "NOT A GOVERNMENT DOCUMENT" diagonally
  printed clearly and indelibly on both the front and back of the
  document in solid red capital letters at least one-fourth inch in
  height.
         (b)  For purposes of this section, a document is deceptively
  similar to a driver's license or [personal] identification card 
  [certificate] if a reasonable person would assume that it was
  issued by the department, another agency of this state, another
  state, or the United States.
         (c)  A peace officer listed in Article 2.12, Code of Criminal
  Procedure, may confiscate a document that:
               (1)  is deceptively similar to a driver's license or
  [personal] identification card [certificate]; and
               (2)  does not display the statement required under
  Subsection (a).
         (f)  Subsection (a) does not apply to:
               (1)  a government agency, office, or political
  subdivision that is authorized to produce or sell [personal]
  identification card [certificates]; or
               (2)  a person that provides a document similar to an [a
  personal] identification card [certificate] to an employee of the
  person for a business purpose.
         (g)  In this section:
               (1)  "Driver's license" includes a driver's license
  issued by another state or by the United States.
               (2)  "Identification card [Personal identification
  certificate]" means an [a personal] identification card 
  [certificate] issued by the department, by another agency of this
  state, by another state, or by the United States.
         SECTION 2.27.  Section 521.454(a), Transportation Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person knowingly
  swears to or affirms falsely before a person authorized to take
  statements under oath any matter, information, or statement
  required by the department in an application for an original,
  renewal, or duplicate driver's license or identification card 
  [certificate] issued under this chapter.
         SECTION 2.28.  Section 521.456(d), Transportation Code, is
  amended to read as follows:
         (d)  For purposes of this section, "instrument" means a
  driver's license, driver's license form, [personal] identification
  card [certificate], stamp, permit, license, official signature,
  certificate, evidence of fee payment, or any other instrument.
         SECTION 2.29.   Section 522.003(4), Transportation Code, is
  amended to read as follows:
               (4)  "Commercial driver learner's license [permit]
  "means a commercial driver's license that restricts the holder to
  driving a commercial motor vehicle as provided by Section
  522.011(a)(2)(B).
         SECTION 2.30.  The heading to Section 522.011,
  Transportation Code, is amended to read as follows:
         Sec. 522.011.  LICENSE [OR PERMIT] REQUIRED; OFFENSE.
         SECTION 2.31.  Section 522.011(a), Transportation Code, is
  amended to read as follows:
         (a)  A person may not drive a commercial motor vehicle
  unless:
               (1)  the person:
                     (A)  has in the person's immediate possession a
  commercial driver's license issued by the department appropriate
  for the class of vehicle being driven; and
                     (B)  is not disqualified or subject to an
  out-of-service order;
               (2)  the person:
                     (A)  has in the person's immediate possession a
  commercial driver learner's license [permit] issued by the
  department; and
                     (B)  is accompanied by the holder of a commercial
  driver's license issued by the department appropriate for the class
  of vehicle being driven, and the license holder:
                           (i)  occupies a seat beside the learner's
  license [permit] holder for the purpose of giving instruction in
  driving the vehicle; and
                           (ii)  is not disqualified or subject to an
  out-of-service order; or
               (3)  the person is authorized to drive the vehicle
  under Section 522.015.
         SECTION 2.32.  Section 522.014, Transportation Code, is
  amended to read as follows:
         Sec. 522.014.  LEARNER'S LICENSE [PERMIT]. The department
  may issue a commercial driver learner's license [permit] to an
  individual who has passed the vision and written tests required for
  a Texas driver's license appropriate for the class of vehicle to be
  driven.
         SECTION 2.33.  Section 522.015, Transportation Code, is
  amended to read as follows:
         Sec. 522.015.  LICENSE [OR PERMIT] ISSUED BY OTHER
  JURISDICTION. A person may drive a commercial motor vehicle in this
  state if:
               (1)  the person has a commercial driver's license or
  commercial driver learner's license [permit] issued by:
                     (A)  another state in accordance with the minimum
  federal standards for the issuance of a commercial motor vehicle
  driver's license; or
                     (B)  a foreign jurisdiction the testing and
  licensing standards of which the United States Department of
  Transportation has determined meet the requirements of the federal
  act;
               (2)  the person's license or learner's license [permit]
  is appropriate for the class of vehicle being driven;
               (3)  the person is not disqualified from driving a
  commercial motor vehicle and is not subject to an out-of-service
  order; and
               (4)  the person has not had a domicile in this state for
  more than 30 days.
         SECTION 2.34.  Section 522.025, Transportation Code, is
  amended to read as follows:
         Sec. 522.025.  LIMITATIONS ON ISSUANCE OF LICENSE [OR
  PERMIT]. (a)  The department may not issue a commercial driver's
  license or commercial driver learner's license [permit] to a person
  who is disqualified from driving a commercial motor vehicle or
  while the person's driver's license or driving privilege is
  suspended, revoked, or canceled in any state.
         (b)  The department may not issue a commercial driver's
  license to a person who has a driver's license, commercial driver's
  license, or commercial driver learner's license [permit] issued by
  another state unless the person surrenders the license [or permit].
  The department shall return a surrendered license [or permit] to
  the issuing state for cancellation.
         SECTION 2.35.  Section 522.027, Transportation Code, is
  amended to read as follows:
         Sec. 522.027.  MINIMUM AGE. The department may not issue a
  commercial driver's license or a commercial driver learner's
  license [permit] to a person who is younger than 18 years of age.
         SECTION 2.36.  The heading to Section 522.032,
  Transportation Code, is amended to read as follows:
         Sec. 522.032.  CHANGE OF NAME OR ADDRESS OF LICENSE [OR
  PERMIT] HOLDER; OFFENSE.
         SECTION 2.37.  Sections 522.032(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The holder of a commercial driver's license or
  commercial driver learner's license [permit] who changes the
  holder's name or mailing address must apply for a duplicate license
  [or permit] not later than the 30th day after the date of the change
  in the manner provided by Section 521.054.
         (b)  The holder of a commercial driver's license or
  commercial driver learner's license [permit] who changes the
  holder's residence address shall notify the department not later
  than the 30th day after the date of the change.
         SECTION 2.38.  Section 522.084, Transportation Code, is
  amended to read as follows:
         Sec. 522.084.  NOTIFICATION TO OTHER JURISDICTION. After
  disqualifying a person who has a domicile in another state or in a
  foreign jurisdiction, the department shall give notice of that fact
  to the licensing authority of the state that issued the person's
  commercial driver's license or commercial driver learner's license 
  [permit].
         SECTION 2.39.  Section 524.001(10), Transportation Code, is
  amended to read as follows:
               (10)  "Driver's license" has the meaning assigned by
  Section 521.001. The term includes a commercial driver's license
  or a commercial driver learner's license [permit] issued under
  Chapter 522.
         SECTION 2.40.  Section 543.007, Transportation Code, is
  amended to read as follows:
         Sec. 543.007.  NOTICE TO APPEAR: COMMERCIAL VEHICLE OR
  LICENSE. A notice to appear issued to the operator of a commercial
  motor vehicle or holder of a commercial driver's license or
  commercial driver learner's license [permit], for the violation of
  a law regulating the operation of vehicles on highways, must
  contain the information required by department rule, to comply with
  Chapter 522 and the federal Commercial Motor Vehicle Safety Act of
  1986 (Title 49, U.S.C. Section 2701 et seq.).
         SECTION 2.41.  Section 543.202(b), Transportation Code, is
  amended to read as follows:
         (b)  The record must be made on a form or by a data processing
  method acceptable to the department and must include:
               (1)  the name, address, physical description,
  including race or ethnicity, date of birth, and driver's license
  number of the person charged;
               (2)  the registration number of the vehicle involved;
               (3)  whether the vehicle was a commercial motor vehicle
  as defined by Chapter 522 or was involved in transporting hazardous
  materials;
               (4)  the person's social security number, if the person
  was operating a commercial motor vehicle or was the holder of a
  commercial driver's license or commercial driver learner's license 
  [permit];
               (5)  the date and nature of the offense, including
  whether the offense was a serious traffic violation as defined by
  Chapter 522;
               (6)  whether a search of the vehicle was conducted and
  whether consent for the search was obtained;
               (7)  the plea, the judgment, whether the individual was
  adjudicated under Article 45.0511, Code of Criminal Procedure, and
  whether bail was forfeited;
               (8)  the date of conviction; and
               (9)  the amount of the fine or forfeiture.
  ARTICLE 3. REPEALER
         SECTION 3.01.  Section 522.021(c-1), Transportation Code,
  is repealed.
  ARTICLE 4. TRANSITION; EFFECTIVE DATE
         SECTION 4.01.  (a)  Subject to Subsection (b) of this
  section, the changes in law made by this Act apply to a driver's
  license, commercial driver's license, commercial driver learner's
  license, or identification card issued or renewed on or after the
  effective date of this Act.  A driver's license, commercial driver's
  license, commercial driver learner's permit, or personal
  identification certificate issued or renewed before the effective
  date of this Act is governed by the law in effect when the license,
  permit, or certificate was issued or renewed, and the former law is
  continued in effect for that purpose.
         (b)  The Department of Public Safety, as authorized by
  Sections 521.271(c) and 522.051(g), Transportation Code, as added
  by this Act, may require the renewal of a driver's license,
  commercial driver's license, commercial driver learner's permit, or
  personal identification certificate issued or renewed before the
  effective date of this Act.
         SECTION 4.02.  To the extent of any conflict, this Act
  prevails over another Act of the 81st Legislature, Regular Session,
  2009, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 4.03.  This Act takes effect September 1, 2009.