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  By: Williams, et al.  S.B. No. 9
         (In the Senate - Filed March 3, 2011; March 7, 2011, read
  first time and referred to Committee on Transportation and Homeland
  Security; April 26, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  April 26, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 9 By:  Williams
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to homeland security; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.252 to read as follows:
         Art. 2.252.  VERIFICATION OF IMMIGRATION STATUS OF PERSON
  CHARGED WITH COMMITTING OFFENSE. (a)  A law enforcement agency
  that has custody of a person shall verify the immigration status of
  the person by use of the federal Secure Communities program
  operated by United States Immigration and Customs Enforcement or a
  successor program.
         (b)  A law enforcement agency conducting an immigration
  status verification under Subsection (a) shall notify United States
  Immigration and Customs Enforcement if the agency is unable to
  verify a person's immigration status.
  SECTION 2.  Subsection (a), Section 4, Article 37.07, Code
  of Criminal Procedure, is amended to read as follows:
         (a)  In the penalty phase of the trial of a felony case in
  which the punishment is to be assessed by the jury rather than the
  court, if the offense of which the jury has found the defendant
  guilty is an offense under Section 71.02 or 71.023, Penal Code, or
  an offense listed in Section 3g(a)(1), Article 42.12, [of this
  code] or if the judgment contains an affirmative finding under
  Section 3g(a)(2), Article 42.12, [of this code,] unless the
  defendant has been convicted of an offense under Section 21.02,
  Penal Code, an offense under Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section, or a capital
  felony, the court shall charge the jury in writing as follows:
         "Under the law applicable in this case, the defendant, if
  sentenced to a term of imprisonment, may earn time off the period of
  incarceration imposed through the award of good conduct time.  
  Prison authorities may award good conduct time to a prisoner who
  exhibits good behavior, diligence in carrying out prison work
  assignments, and attempts at rehabilitation.  If a prisoner engages
  in misconduct, prison authorities may also take away all or part of
  any good conduct time earned by the prisoner.
         "It is also possible that the length of time for which the
  defendant will be imprisoned might be reduced by the award of
  parole.
         "Under the law applicable in this case, if the defendant is
  sentenced to a term of imprisonment, the defendant [he] will not
  become eligible for parole until the actual time served equals
  one-half of the sentence imposed or 30 years, whichever is less,
  without consideration of any good conduct time the defendant [he]
  may earn.  If the defendant is sentenced to a term of less than four
  years, the defendant [he] must serve at least two years before the
  defendant [he] is eligible for parole.  Eligibility for parole does
  not guarantee that parole will be granted.
         "It cannot accurately be predicted how the parole law and
  good conduct time might be applied to this defendant if [he is]
  sentenced to a term of imprisonment, because the application of
  these laws will depend on decisions made by prison and parole
  authorities.
         "You may consider the existence of the parole law and good
  conduct time.  However, you are not to consider the extent to which
  good conduct time may be awarded to or forfeited by this particular
  defendant.  You are not to consider the manner in which the parole
  law may be applied to this particular defendant."
  SECTION 3.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0094 to read as follows:
         Sec. 411.0094.  AUTOMATIC LICENSE PLATE READER PILOT
  PROGRAM.  (a)  In this section, "automatic license plate reader"
  means a system that reads and records license plate numbers taken
  from digital photographs.
         (b)  The department shall establish a pilot program in which
  automatic license plate readers may be installed in law enforcement
  motor vehicles used by the department for law enforcement.
         (c)  The program must include a request for proposal process
  to select a contractor for the installation of automatic license
  plate readers.
         (d)  The department shall adopt rules as necessary to
  implement the program.
         (e)  An automatic license plate reader installed under this
  section:
               (1)  may be used only to record information necessary
  to identify a motor vehicle; and
               (2)  may not be used to record an image of a person in a
  motor vehicle.
         (f)  The images and any related data produced from an
  automatic license plate identification camera system may be queried
  or disseminated only for a law enforcement purpose.
         (g)  All data produced from an automatic license plate reader
  shall be destroyed within one year of collection unless the data is
  evidence in a criminal investigation or prosecution.
         (h)  Any agreement or memorandum of understanding concerning
  data-sharing related to an automatic license plate identification
  camera system between law enforcement entities collecting,
  sharing, or gaining access to data under this section is subject to
  the provisions of Chapter 552, Government Code.
         (i)  Not later than December 1, 2012, the department shall
  file a report with the committee in each house of the legislature
  having primary jurisdiction over homeland security matters.  The
  report must include:
               (1)  information regarding the use of automatic license
  plate readers by the department; and
               (2)  any other information that would assist the
  legislature in evaluating the effectiveness of the use of automatic
  license plate readers by the department.
         (j)  This section expires September 1, 2013.
  SECTION 4.  Section 411.023, Government Code, is amended by
  amending Subsection (b) and adding Subsection (g) to read as
  follows:
         (b)  A special ranger is subject to the orders of the
  commission and the governor for special duty to the same extent as
  other law enforcement officers provided for by this chapter, except
  that a special ranger may not enforce a law [except one designed to
  protect life and property and may not enforce a law] regulating the
  use of a state highway by a motor vehicle.  A special ranger is not
  connected with a ranger company or uniformed unit of the
  department.
         (g)  The director may call special rangers into service to:
               (1)  preserve the peace and protect life and property;
               (2)  conduct background investigations;
               (3)  monitor sex offenders;
               (4)  serve as part of two-officer units on patrol in
  high threat areas; and
               (5)  provide assistance to the department during
  disasters.
         SECTION 5.  Section 411.024, Government Code, is amended by
  amending Subsection (b) and adding Subsection (g) to read as
  follows:
         (b)  A special Texas Ranger is subject to the orders of the
  commission and the governor for special duty to the same extent as
  other law enforcement officers provided for by this chapter, except
  that a special Texas Ranger may not enforce a law [except one
  designed to protect life and property and may not enforce a law]
  regulating the use of a state highway by a motor vehicle.  A special
  Texas Ranger is not connected with a ranger company or uniformed
  unit of the department.
         (g)  The director may call special Texas Rangers into service
  to:
               (1)  preserve the peace and protect life and property;
               (2)  conduct background investigations;
               (3)  monitor sex offenders;
               (4)  serve as part of two-officer units on patrol in
  high threat areas; and
               (5)  provide assistance to the department during
  disasters.
         SECTION 6.  Subsection (d), Section 508.145, Government
  Code, is amended to read as follows:
         (d)  An inmate serving a sentence for an offense described by
  Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K),
  Article 42.12, Code of Criminal Procedure, [or for] an offense for
  which the judgment contains an affirmative finding under Section
  3g(a)(2) of that article, or an offense under Section 71.02 or
  71.023, Penal Code, is not eligible for release on parole until the
  inmate's actual calendar time served, without consideration of good
  conduct time, equals one-half of the sentence or 30 calendar years,
  whichever is less, but in no event is the inmate eligible for
  release on parole in less than two calendar years.
         SECTION 7.  Subsection (a), Section 508.149, Government
  Code, is amended to read as follows:
         (a)  An inmate may not be released to mandatory supervision
  if the inmate is serving a sentence for or has been previously
  convicted of:
               (1)  an offense for which the judgment contains an
  affirmative finding under Section 3g(a)(2), Article 42.12, Code of
  Criminal Procedure;
               (2)  a first degree felony or a second degree felony
  under Section 19.02, Penal Code;
               (3)  a capital felony under Section 19.03, Penal Code;
               (4)  a first degree felony or a second degree felony
  under Section 20.04, Penal Code;
               (5)  an offense under Section 21.11, Penal Code;
               (6)  a felony under Section 22.011, Penal Code;
               (7)  a first degree felony or a second degree felony
  under Section 22.02, Penal Code;
               (8)  a first degree felony under Section 22.021, Penal
  Code;
               (9)  a first degree felony under Section 22.04, Penal
  Code;
               (10)  a first degree felony under Section 28.02, Penal
  Code;
               (11)  a second degree felony under Section 29.02, Penal
  Code;
               (12)  a first degree felony under Section 29.03, Penal
  Code;
               (13)  a first degree felony under Section 30.02, Penal
  Code;
               (14)  a felony for which the punishment is increased
  under Section 481.134 or Section 481.140, Health and Safety Code;
               (15)  an offense under Section 43.25, Penal Code;
               (16)  an offense under Section 21.02, Penal Code; [or]
               (17)  a first degree felony under Section 15.03, Penal
  Code; or
               (18)  a first degree felony under Section 71.02 or
  71.023, Penal Code.
  SECTION 8.  Subsection (a), Section 511.0101, Government
  Code, as amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009),
  Acts of the 81st Legislature, Regular Session, 2009, is reenacted
  and amended to read as follows:
         (a)  Each county shall submit to the commission on or before
  the fifth day of each month a report containing the following
  information:
               (1)  the number of prisoners confined in the county
  jail on the first day of the month, classified on the basis of the
  following categories:
                     (A)  total prisoners;
                     (B)  pretrial Class C misdemeanor offenders;
                     (C)  pretrial Class A and B misdemeanor offenders;
                     (D)  convicted misdemeanor offenders;
                     (E)  felony offenders whose penalty has been
  reduced to a misdemeanor;
                     (F)  pretrial felony offenders;
                     (G)  convicted felony offenders;
                     (H)  prisoners detained on bench warrants;
                     (I)  prisoners detained for parole violations;
                     (J)  prisoners detained for federal officers;
                     (K)  prisoners awaiting transfer to the
  institutional division of the Texas Department of Criminal Justice
  following conviction of a felony or revocation of probation,
  parole, or release on mandatory supervision and for whom paperwork
  and processing required for transfer have been completed;
                     (L)  prisoners detained after having been
  transferred from another jail and for whom the commission has made a
  payment under Subchapter F, Chapter 499, Government Code;
                     (M)  prisoners for whom an immigration detainer
  has been issued by United States Immigration and Customs
  Enforcement [who are known to be pregnant]; and
                     (N)  other prisoners;
               (2)  the total capacity of the county jail on the first
  day of the month; 
               (3)  the total number of prisoners who were confined in
  the county jail during the preceding month, based on a count
  conducted on each day of that month, who were known or had been
  determined to be pregnant; [and]
               (4)  the total cost to the county during the preceding
  month of housing prisoners described by Subdivision (1)(M),
  calculated based on the average daily cost of housing a prisoner in
  the county jail; and
               (5)  certification by the reporting official that the
  information in the report is accurate.
         SECTION 9.  Subsection (b), Section 71.02, Penal Code, as
  amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
  73rd Legislature, Regular Session, 1993, is reenacted and amended
  to read as follows:
         (b)  Except as provided in Subsections (c) and (d), an
  offense under this section is one category higher than the most
  serious offense listed in Subsection (a) that was committed, and if
  the most serious offense is a Class A misdemeanor, the offense is a
  state jail felony, except that if the most serious offense is a
  felony of the first degree, the offense is a felony of the first
  degree punishable by imprisonment in the Texas Department of
  Criminal Justice for life or for any term of not more than 99 years
  or less than 15 years.
         SECTION 10.  Subsection (c), Section 71.02, Penal Code, as
  amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
  73rd Legislature, Regular Session, 1993, is reenacted to read as
  follows:
         (c)  Conspiring to commit an offense under this section is of
  the same degree as the most serious offense listed in Subsection (a)
  that the person conspired to commit.
         SECTION 11.  Section 71.023, Penal Code, is amended to read
  as follows:
         Sec. 71.023.  DIRECTING ACTIVITIES OF [CERTAIN] CRIMINAL
  STREET GANGS. (a)  A person commits an offense if the person
  knowingly [initiates, organizes, plans,] finances, directs,
  [manages,] or supervises [a criminal street gang or] members of a
  criminal street gang that commit or conspire to commit a felony:
               (1)  that is listed in Section 3g(a)(1), Article 42.12,
  Code of Criminal Procedure;
               (2)  for which it is shown that a deadly weapon, as
  defined by Section 1.07, Penal Code, was used or exhibited during
  the commission of the offense or during immediate flight from the
  commission of the offense; or
               (3)  that is punishable as a felony of the first or
  second degree under Chapter 481, Health and Safety Code [with the
  intent to benefit, promote, or further the interests of the
  criminal street gang or to increase the person's standing,
  position, or status in the criminal street gang].
         (b)  An offense under this section is a felony of the first
  degree punishable by imprisonment in the Texas Department of
  Criminal Justice for life or for any term of not more than 99 years
  or less than 25 years.
         [(c)     Notwithstanding Section 71.01, in this section,
  "criminal street gang" means:
               [(1)  an organization that:
                     [(A)     has more than 10 members whose names are
  included in an intelligence database under Chapter 61, Code of
  Criminal Procedure;
                     [(B)     has a hierarchical structure that has been
  documented in an intelligence database under Chapter 61, Code of
  Criminal Procedure;
                     [(C)     engages in profit-sharing among two or more
  members of the organization; and
                     [(D)     in one or more regions of this state served
  by different regional councils of government, continuously or
  regularly engages in conduct:
                           [(i)     that constitutes an offense listed in
  Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
                           [(ii)     in which it is alleged that a deadly
  weapon is used or exhibited during the commission of or immediate
  flight from the commission of any felony offense; or
                           [(iii)     that is punishable as a felony of the
  first or second degree under Chapter 481, Health and Safety Code; or
               [(2)     an organization that, in collaboration with an
  organization described by Subdivision (1), engages in conduct or
  commits an offense or conspires to engage in conduct or commit an
  offense described by Subdivision (1)(D).]
         SECTION 12.  Subchapter A, Chapter 521, Transportation Code,
  is amended by adding Section 521.007 to read as follows:
         Sec. 521.007.  TEMPORARY VISITOR STATIONS. (a)  The
  department shall designate as temporary visitor stations certain
  driver's license offices.
         (b)  A driver's license office designated as a temporary
  visitor station under this section must have at least two staff
  members who have completed specialized training on the temporary
  visitor issuance guide published by the department.
         (c)  A driver's license office designated as a temporary
  visitor station shall provide information and assistance to other
  driver's license offices in the state.
         SECTION 13.  Subsection (b), Section 521.041,
  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 14.  Section 521.059, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The department may use the image verification system
  established under this section to ensure that the applicant is not a
  fugitive from justice, as defined by Section 38.01, Penal Code.
         SECTION 15.  Section 521.101, Transportation Code, is
  amended by adding Subsections (d-1), (f-2), and (f-3) and amending
  Subsection (f) 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)  A personal identification certificate:
               (1)  for an applicant who is a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States:
                     (A)  expires on a date specified by the department
  if the applicant is younger than 60 years of age; or
                     (B)  does not expire if the applicant is 60 years
  of age or older; or
               (2)  for an applicant not described by Subdivision (1),
  expires on:
                     (A)  the earlier of:
                           (i)  a date specified by the department; or
                           (ii)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  the first anniversary of the date of
  issuance, if there is no definite expiration date for the
  applicant's authorized stay in the United States[, except that a
  certificate issued to a person 60 years of age or older does not
  expire].
         (f-2)  An applicant who is not a citizen of the United States
  must present to the department documentation issued by the
  appropriate United States agency that authorizes the applicant to
  be in the United States.
         (f-3)  The department may not issue a personal
  identification certificate to an applicant who fails or refuses to
  comply with Subsection (f-2).
         SECTION 16.  Section 521.103, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Sections 521.101(f-2) and (f-3) apply to a personal
  identification certificate for which application is made under this
  section.
         SECTION 17.  Subsections (a) and (e), Section 521.142,
  Transportation Code, are amended to read as follows:
         (a)  An application for an original license must state the
  applicant's full name and place and date of birth.  This information
  must be verified by presentation of proof of identity satisfactory
  to the department.  An applicant who is not a citizen of the United
  States must present to the department documentation issued by the
  appropriate United States agency that authorizes the applicant to
  be in the United States before the applicant may be issued a
  driver's license. 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 if the applicant also provides
  supplemental verifiable records or documents that aid in
  establishing identity.
         (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 law.
         SECTION 18.  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(a).
         SECTION 19.  Section 521.271, Transportation Code, is
  amended by amending Subsections (a) and (b) and adding Subsections
  (a-2), (a-3), and (a-4) to read as follows:
         (a)  Each original driver's license, [and] provisional
  license, instruction permit, or occupational driver's license
  issued to an applicant who is a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into 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 18th
  birthday of the license holder;
               (3)  an instruction permit expires on the 18th birthday
  of the license holder;
               (4)  an occupational driver's license expires on the
  first anniversary of the court order granting the license; and
               (5)  unless an earlier date is otherwise provided, a
  driver's license issued to a person whose residence or domicile is a
  correctional facility or a parole facility expires on the first
  birthday of the license holder occurring after the first
  anniversary of the date of issuance.
         (a-2)  Each original driver's license issued to an applicant
  who is not a citizen, national, or legal permanent resident of the
  United States or a refugee or asylee lawfully admitted into the
  United States expires on:
               (1)  the earlier of:
                     (A)  the first birthday of the license holder
  occurring after the sixth anniversary of the date of the
  application; or
                     (B)  the expiration date of the license holder's
  lawful presence in the United States as determined by the
  appropriate United States agency in compliance with federal law; or
               (2)  the first anniversary of the date of issuance, if
  there is no definite expiration date for the applicant's authorized
  stay in the United States.
         (a-3)  Each original provisional license or instruction
  permit issued to an applicant who is not a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States expires on the earliest
  of:
               (1)  the 18th birthday of the license holder;
               (2)  the first birthday of the license holder occurring
  after the date of the application; or
               (3)  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.
         (a-4)  Each original occupational driver's license issued to
  an applicant who is not a citizen, national, or legal permanent
  resident of the United States or a refugee or asylee lawfully
  admitted into the United States expires on the earlier of:
               (1)  the first anniversary of the date of issuance; or
               (2)  the expiration of the license holder's lawful
  presence in the United States as determined by the appropriate
  United States agency in compliance with federal law.
         (b)  Except as provided by Section 521.2711, a driver's
  license that is renewed expires on the earlier of:
               (1)  the sixth anniversary of the expiration date
  before renewal if the applicant is a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States;
               (1-a)  for an applicant not described by Subdivision
  (1):
                     (A)  the earlier of:
                           (i)  the sixth anniversary of the expiration
  date before renewal; or
                           (ii)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  the first anniversary of the date of
  issuance, if there is no definite expiration date for the
  applicant's authorized stay in the United States; or
               (2)  for a renewal driver's license issued to a person
  whose residence or domicile is a correctional facility or a parole
  facility, the first birthday of the license holder occurring after
  the first anniversary of the date of issuance unless an earlier date
  is otherwise provided.
         SECTION 20.  Section 521.2711, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsections (a) and (b), an original or
  renewal driver's license issued to an applicant who is 85 years of
  age or older and not a citizen, national, or legal permanent
  resident of the United States or a refugee or asylee lawfully
  admitted into the United States expires on:
               (1)  the earlier of:
                     (A)  the second anniversary of the expiration date
  before renewal; or
                     (B)  the expiration date of the applicant's
  authorized stay in the United States; or
               (2)  the first anniversary of the date of issuance if
  there is no definite expiration date for the applicant's authorized
  stay in the United States.
         SECTION 21.  Section 521.272, Transportation Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  Notwithstanding Sections [Section] 521.271 and
  521.2711, a driver's license issued under this section, including a
  renewal, duplicate, or corrected license, expires:
               (1)  if the license holder is a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into 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 described by Subdivision
  (1), on the earlier of:
                     (A)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  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.
         (d)  Subsection (c) [This subsection] does not apply to:
               (1)  a provisional license;
               (2)  an instruction permit issued under Section
  521.222; or
               (3)  a hardship license issued under Section 521.223.
         SECTION 22.  Section 521.421, Transportation Code, is
  amended by adding Subsection (a-3) to read as follows:
         (a-3)  Except as provided by Subsections (a-1) and (a-2), the
  fee for a driver's license or personal identification certificate
  that is issued to a person who is not a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States and that is valid for not
  more than one year is $24.
         SECTION 23.  (a)  Chapter 521, Transportation Code, is
  amended by adding Subchapter T to read as follows:
  SUBCHAPTER T. DRIVER'S LICENSE SYSTEM IMPROVEMENT; ACCOUNT AND
  FEES
         Sec. 521.481.  DRIVER'S LICENSE SYSTEM IMPROVEMENT ACCOUNT.  
  (a)  The driver's license system improvement account is an account
  in the general revenue fund that may be appropriated only for the
  purposes of improving the driver's license system.
         (b)  The account consists of money deposited to the account
  under this subchapter.
         (c)  The account is exempt from the application of:
               (1)  Section 403.095, Government Code, as effective on
  September 1, 2011; and
               (2)  any successor to that section.
         Sec. 521.482.  DRIVER'S LICENSE SYSTEM IMPROVEMENT
  FEES.  (a)  The department shall collect a fee of:
               (1)  $8 for the issuance or renewal of a driver's
  license or personal identification certificate described by
  Section 521.421(a) or (a-3);
               (2)  $20 for the issuance of a commercial driver's
  license or a commercial driver learner's permit issued to a
  resident of this state who is not a citizen, national, or legal
  permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States; and
               (3)  $40 for the issuance of a nonresident commercial
  driver's license that is issued to a person who is not a resident of
  this state and not a citizen, national, or legal permanent resident
  of the United States or a refugee or asylee lawfully admitted into
  the United States.
         (b)  A fee collected under this section may be used only for
  the improvement of the driver's license system and shall be
  deposited to the credit of the driver's license system improvement
  account.
         Sec. 521.483.  RECORD REQUEST STANDARDIZATION
  FEE.  (a)  The department shall charge a standardization fee for
  records requested under Subchapter C.
         (b)  Subject to Section 521.046(b), the amount of the
  standardization fee for a record request under Subchapter C is:
               (1)  $2.50 if the fee otherwise imposed is $2.50;
               (2)  $6 if the fee otherwise imposed is $4;
               (3)  $5.50 if the fee otherwise imposed is $4.50;
               (4)  $5 if the fee otherwise imposed is $5;
               (5)  $4.50 if the fee otherwise imposed is $5.50;
               (6)  $4 if the fee otherwise imposed is $6; and
               (7)  $3 if the fee otherwise imposed is $7.
         (c)  A standardization fee collected under this section
  shall be deposited to the credit of the driver's license system
  improvement account.
         Sec. 521.484.  DRIVER'S LICENSE REINSTATEMENT OR REISSUANCE
  STANDARDIZATION FEE.  (a)  The department shall collect a
  standardization fee of $25 for the reinstatement or reissuance of a
  license under Section 521.313, 521.3466(d), or 601.376 of this
  code, or Section 13, Article 42.12, Code of Criminal Procedure.
         (b)  A standardization fee collected under this section
  shall be deposited to the credit of the driver's license system
  improvement account.
         (b)  It is the intent of the legislature that:
               (1)  to the extent the differences are irreconcilable
  and regardless of relative dates of enactment and relative
  effective dates, the exemption of the driver's license system
  improvement account from the application of Section 403.095,
  Government Code, and any successor to that section, provided by
  Subsection (c), Section 521.481, Transportation Code, as added by
  this section, prevails over any other Act of the 82nd Legislature,
  Regular Session, that becomes law; and
               (2)  Section 403.095, Government Code, as effective on
  September 1, 2011, and any successor to that section, do not apply
  to the account.
         SECTION 24.  Subsection (c), Section 522.021,
  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 fees [fee] required under
  Sections 521.482 and [Section] 522.029. The department may require
  documentary evidence to verify the information required by this
  section [Subsection (a)].
         SECTION 25.  Section 522.029, Transportation Code, is
  amended by amending Subsections (a) and (k) and adding Subsection
  (l) to read as follows:
         (a)  The fee for a commercial driver's license, including a
  commercial driver's license issued to a resident of this state who
  is not a citizen, national, or legal permanent resident of the
  United States or a refugee or asylee lawfully admitted into the
  United States, or commercial driver learner's permit issued by the
  department is $60, except as provided by Subsections (f), (h), (j),
  and (k).
         (k)  The fee for a nonresident commercial driver's license,
  including a nonresident commercial driver's license that is issued
  to a person who is not a resident of this state and not a citizen,
  national, or legal permanent resident of the United States or a
  refugee or asylee lawfully admitted into the United States, is
  $120.
         (l)  The fee for a temporary nonresident commercial driver's
  license is $20.
         SECTION 26.  Subsection (f), Section 522.029,
  Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of
  the 75th Legislature, Regular Session, 1997, is redesignated as
  Subsection (f-1) to read as follows:
         (f-1) [(f)]  If a commercial driver's license or commercial
  driver learner's permit includes an authorization to operate a
  motorcycle or moped, the fee for the driver's license or permit is
  increased by $8.
         SECTION 27.  Section 522.030, Transportation Code, is
  amended to read as follows:
         Sec. 522.030.  CONTENT OF LICENSE. (a)  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.
         (b)  To the extent of a conflict or inconsistency between
  this section and Section 522.013 or 522.051, Section 522.013 or
  522.051 controls.
         SECTION 28.  Subsection (b), Section 522.033,
  Transportation Code, is amended to read as follows:
         (b)  Notwithstanding Section 522.051, a commercial driver's
  license or commercial driver learner's permit issued under this
  section, including a renewal, duplicate, or corrected license,
  expires:
               (1)  if the license or permit holder is a citizen,
  national, or legal permanent resident of the United States or a
  refugee or asylee lawfully admitted into 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 described by Subdivision
  (1), on the earlier of:
                     (A)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  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.
         SECTION 29.  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(a).
         SECTION 30.  Section 10, Article 4413(37), Revised Statutes,
  is amended by amending Subsection (b) and adding Subsection (e) to
  read as follows:
         (b)  An insurer shall pay to the authority a fee equal to $2
  [$1] multiplied by the total number of motor vehicle years of
  insurance for insurance policies delivered, issued for delivery, or
  renewed by the insurer.  The fee shall be paid not later than:
               (1)  March 1 of each year for a policy issued,
  delivered, or renewed from July 1 through December 31 of the
  previous calendar year; and
               (2)  August 1 of each year for a policy issued,
  delivered, or renewed from January 1 through June 30 of that year.
         (e)  Fifty percent of each fee collected under Subsection (b)
  shall be appropriated only to the authority for the purposes of this
  article.
         SECTION 31.  Not later than January 1, 2013, the Department
  of Public Safety of the State of Texas shall submit to the
  legislature a report evaluating the effectiveness of the temporary
  visitor stations established under Section 521.007, Transportation
  Code, as added by this Act.
         SECTION 32.  Subsection (a), Section 4, Article 37.07, Code
  of Criminal Procedure, Sections 508.145 and 508.149, Government
  Code, and Sections 71.02 and 71.023, Penal Code, as amended by this
  Act, apply only to an offense committed on or after the effective
  date of this Act.  An offense committed before the effective date of
  this Act is governed by the law in effect when the offense was
  committed, and the former law is continued in effect for that
  purpose.  For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 33.  A county shall submit the first report required
  by Section 511.0101, Government Code, as amended by this Act, not
  later than October 5, 2011.
         SECTION 34.  (a)  Except as provided by Subsection (b) of
  this section, the changes in law made by this Act to Chapters 521
  and 522, Transportation Code, apply only to a driver's license,
  personal identification certificate, commercial driver's license,
  or commercial driver learner's permit issued, reissued,
  reinstated, or renewed on or after the effective date of this Act.
  A driver's license, personal identification certificate,
  commercial driver's license, or commercial driver learner's permit
  issued, reissued, reinstated, or renewed before the effective date
  of this Act is governed by the law in effect when the license,
  certificate, or permit was issued, reissued, reinstated, or
  renewed, and the former law is continued in effect for that purpose.
         (b)  Subsection (a) of this section does not apply to the
  change in law made by this Act to Section 521.059, Transportation
  Code.
         SECTION 35.  The fee imposed by Section 521.483,
  Transportation Code, as added by this Act, applies to a record
  request submitted on or after the effective date of this Act.  A
  record request submitted before the effective date of this Act is
  governed by the law in effect on the date the request was submitted,
  and the former law is continued in effect for that purpose.
         SECTION 36.  Section 10, Article 4413(37), Revised Statutes,
  as amended by this Act, applies only to an insurance policy issued,
  delivered, or renewed on or after the effective date of this Act.
  An insurance policy issued, delivered, or renewed before the
  effective date of this Act is governed by the law in effect on the
  date the insurance policy was issued, delivered, or renewed, and
  the former law is continued in effect for that purpose.
         SECTION 37.  This Act takes effect September 1, 2011.
 
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