82R120 NC-D
 
  By: Jackson H.B. No. 177
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement of citizenship or lawful presence in
  the United States for issuance or renewal of certain occupational
  licenses, driver's licenses, and identification certificates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES
         SECTION 1.01.  Title 2, Occupations Code, is amended by
  adding Chapter 60 to read as follows:
  CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR
  BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE
         Sec. 60.001.  DEFINITIONS. In this chapter:
               (1)  "Employment eligibility" means eligibility for
  employment in the United States.
               (2)  "License" means a license, certificate,
  registration, permit, or other authorization that:
                     (A)  is issued by a licensing authority; and
                     (B)  an individual must obtain to engage in a
  particular business, occupation, or profession.
               (3)  "Licensing authority" means a department,
  commission, board, office, or other agency of this state or a
  political subdivision of this state that issues a license.
         Sec. 60.002.  EMPLOYMENT ELIGIBILITY REQUIRED. (a) An
  applicant for a license must establish employment eligibility if
  the applicant is:
               (1)  applying for an original license; or
               (2)  renewing a license and the applicant has not
  previously established employment eligibility.
         (b)  The licensing authority may not issue a license to an
  applicant or renew an applicant's license unless the applicant
  establishes employment eligibility as required by Subsection (a).
         Sec. 60.003.  DOCUMENTS THAT ESTABLISH EMPLOYMENT
  ELIGIBILITY. (a) To establish employment eligibility, an
  applicant shall provide to the licensing authority for inspection
  an original or a copy of:
               (1)  the acceptable document or documents that
  establish identity and employment authorization as provided by Form
  I-9; or
               (2)  a document verifying that the applicant provided
  to their current or most recent employer a true and correct Form I-9
  along with authentic supporting documents.
         (b)  Except as provided by this subsection, the documents
  required by Subsection (a) must be submitted with the license
  application. An applicant who submits an application through the
  TexasOnline system or another electronic means shall submit the
  documents required under Subsection (a) not later than 30 days
  after the date the application is submitted electronically.
         Sec. 60.004.  TEMPORARY LICENSE. (a) After an applicant has
  submitted all documents that will be required for a licensing
  authority to verify the applicant's employment eligibility and
  before the licensing authority verifies the applicant's employment
  eligibility, the licensing authority may issue a temporary license
  to the applicant.
         (b)  A temporary license under this section expires on the
  21st day after the date the temporary license is issued.
         (c)  The licensing authority shall determine the applicant's
  employment eligibility not later than the day the temporary license
  expires.
         Sec. 60.005.  AUDIT. A licensing authority may audit some or
  all of the applications submitted to the licensing authority for
  compliance with this chapter, including documents used to establish
  employment eligibility.
         Sec. 60.006.  CONFIDENTIALITY. Information provided by an
  applicant under this chapter that is not subject to disclosure
  under other law is confidential and not subject to disclosure under
  Chapter 552, Government Code.
         Sec. 60.007.  NONDISCRIMINATION. A licensing authority
  shall implement this chapter without regard to an applicant's race,
  religion, sex, ethnicity, or national origin.
         SECTION 1.02.  The purpose of this article is to assist in
  the enforcement of 8 U.S.C. Chapter 12.
         SECTION 1.03.  (a) In this section:
               (1)  "License" means a license, certificate,
  registration, permit, or other authorization that:
                     (A)  is issued by a licensing authority; and
                     (B)  an individual must obtain to engage in a
  particular business, occupation, or profession.
               (2)  "Licensing authority" means a department,
  commission, board, office, or other agency of this state or a
  political subdivision of this state that issues a license.
         (b)  Each licensing authority shall adopt rules under
  Chapter 60, Occupations Code, as added by this article, not later
  than January 1, 2012.
         (c)  The change in law made by this article applies only to an
  application for the issuance or renewal of a license that is filed
  with a licensing authority on or after March 1, 2012. An
  application for the issuance or renewal of a license that is filed
  before March 1, 2012, is governed by the law in effect on the date
  the application was filed, and the former law is continued in effect
  for that purpose.
  ARTICLE 2. DRIVER'S LICENSES, COMMERCIAL DRIVER'S LICENSES, AND
  PERSONAL IDENTIFICATION CERTIFICATES
         SECTION 2.01.  Section 521.041(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall maintain suitable indexes, in
  alphabetical or numerical order, that contain:
               (1)  each denied application and the reasons for the
  denial;
               (2)  each application that is granted; [and]
               (3)  the name of each license holder whose license has
  been suspended, canceled, or revoked and the reasons for that
  action; and
               (4)  the citizenship status of each holder of a license
  or personal identification certificate.
         SECTION 2.02.  Section 521.101, Transportation Code, is
  amended by adding Subsections (d-1), (f-2), (f-3), and (f-4) to
  read as follows:
         (d-1)  Unless the information has been previously provided
  to the department, the department shall require each applicant for
  an original, renewal, or duplicate personal identification
  certificate to furnish to the department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation described by Subsection (f-2).
         (f-2)  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 that authorizes
  the applicant to be in the United States.
         (f-3)  The department may not issue an identification
  certificate to an applicant:
               (1)  who fails or refuses to comply with Subsection
  (f-2); or
               (2)  whose lawful admission period in the United States
  expires before the 180th day after the application date.
         (f-4)  In addition to a certificate issued under this
  section, Subsections (f-2) and (f-3) apply to a personal
  identification certificate for which application is made under
  Section 521.103.
         SECTION 2.03.  Section 521.121(a), Transportation Code, as
  amended by Chapters 316 (H.B. 598) and 1146 (H.B. 2730), Acts of the
  81st Legislature, Regular Session, 2009, is reenacted and 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 color photograph of the entire face of the
  holder;
               (3)  the full name and date of birth of the holder;
               (4)  a brief description of the holder; [and]
               (5)  the license holder's residence address or, for a
  license holder using the procedure under Subsection (c), the street
  address of the courthouse in which the license holder or license
  holder's spouse serves as a federal judge or state judge; and
               (6)  a statement as to whether the holder is a citizen
  of the United States.
         SECTION 2.04.  Section 521.142, Transportation Code, is
  amended by amending Subsection (e) and adding Subsections (e-1) and
  (e-2) to read as follows:
         (e)  The application must include any other information the
  department requires to determine the applicant's identity,
  residency, competency, and eligibility.
         (e-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 that authorizes
  the applicant to be in the United States.
         (e-2)  The department may not issue a license to an
  applicant:
               (1)  who fails or refuses to comply with Subsection
  (e-1); or
               (2)  whose lawful admission period in the United States
  expires before the 180th day after the date of the application.
         SECTION 2.05.  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 [Subsection] (b) and
  (c), the department may require each applicant for an original,
  renewal, or duplicate driver's license to furnish to the department
  the information required by Section 521.142.
         (c)  Unless the information has been previously provided to
  the department, the department shall require each applicant for an
  original, renewal, or duplicate driver's license to furnish to the
  department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation described by Section 521.142(e-1).
         SECTION 2.06.  Subchapter R, Chapter 521, Transportation
  Code, is amended by adding Section 521.428 to read as follows:
         Sec. 521.428.  FEES FOR LICENSE OR PERSONAL IDENTIFICATION
  CERTIFICATE ISSUED TO PERSON NOT CITIZEN OF UNITED STATES. (a)
  Notwithstanding Sections 521.421 and 521.422, the department by
  rule shall establish the amount of the fee for issuance of a license
  or personal identification certificate issued to an applicant who
  is not a citizen of the United States.
         (b)  The amount of the fee may not exceed the amount of the
  fee otherwise imposed by this subchapter or the amount that is
  sufficient, when added to other fees collected under this chapter,
  to recover the actual costs to the department of issuing the license
  or certificate.
         SECTION 2.07.  Section 522.021(c), Transportation Code, is
  amended to read as follows:
         (c)  The application must meet the requirements of an
  application under Sections [Section] 521.141, 521.142, and
  521.1425 and [must] be accompanied by the fee required under
  Section 522.029. The department may require documentary evidence
  to verify the information required by this section [Subsection
  (a)].
         SECTION 2.08.  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), [and] (k), and (l).
         (l)  Notwithstanding any other provision of this section,
  the department by rule shall establish the amount of the fee for
  issuance of a commercial driver's license or commercial driver
  learner's permit issued to an applicant who is not a citizen of the
  United States. The amount of the fee may not exceed the amount of
  the fee otherwise imposed by this subchapter or the amount that is
  sufficient, when added to other fees collected under this chapter,
  to recover the actual costs to the department of issuing the license
  or permit.
         SECTION 2.09.  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 name and mailing address of the person to
  whom it is issued;
                     (B)  the person's color photograph;
                     (C)  a physical description of the person,
  including 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;
  and
                     (J)  a statement as to whether the person is a
  citizen of the United States.
         SECTION 2.10.  Section 522.052, Transportation Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  Unless the information has been previously provided to
  the department, the department shall require each applicant for a
  renewal or duplicate commercial driver's license to furnish to the
  department:
               (1)  proof of the applicant's United States
  citizenship; or
               (2)  documentation described by Section 521.142(e-1).
         SECTION 2.11.  The changes in law made by this article apply
  only to a driver's license, personal identification certificate,
  commercial driver's license, or commercial driver learner's permit
  issued or renewed on or after the effective date of this article. A
  driver's license, personal identification certificate, commercial
  driver's license, or commercial driver learner's permit issued or
  renewed before the effective date of this article is governed by the
  law in effect when the license, certificate, or permit was issued,
  and the former law is continued in effect for that purpose.
  ARTICLE 3. EFFECTIVE DATE
         SECTION 3.01.  To the extent of any conflict, this Act
  prevails over another Act of the 82nd Legislature, Regular Session,
  2011, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 3.02.  This Act takes effect September 1, 2011.