HB5068 - Relating to the creation of a Texas conditional driver's permit, provisional Texas conditional driver's permit, and Texas conditional learner permit; authorizing a fee.

  89R5285 AJZ-D     By: Romero H.B. No. 5068       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a Texas conditional driver's permit,   provisional Texas conditional driver's permit, and Texas   conditional learner permit; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 521, Transportation Code, is amended by   adding Subchapter K-1 to read as follows:   SUBCHAPTER K-1. TEXAS CONDITIONAL DRIVER'S PERMIT           Sec.   521.231.     ELIGIBILITY. (a)   The department may issue a   Texas conditional driver's permit, a provisional Texas conditional   driver's permit, or a Texas conditional learner permit to a person   who:                 (1)     as of the date the permit is issued, has resided in   this state for at least one year;                 (2)     is unable to present to the department   documentation issued by the United States agency responsible for   citizenship and immigration authorizing the person to be in the   United States;                 (3)     is not ineligible for a driver's license under   Section 521.202; and                 (4)     regardless of the person's age, has completed a   driver education course required by Section 521.1601 and an   examination required by Section 521.161, except as provided by   Subsection (b).           (b)     A person may be issued a Texas conditional learner   permit without having passed the driving test under Section   521.161.           Sec.   521.232.     PERMIT REQUIREMENTS. (a) A permit issued   under this subchapter is valid as proof of the permit holder's   identity for driving purposes only. The permit is not valid as   proof of the permit holder's identity for any federal purpose,   including voting.           (b)  The department shall:                 (1)     designate and clearly mark each permit issued   under this subchapter;                 (2)     designate and clearly mark each provisional Texas   conditional driver's permit or Texas conditional learner permit, as   applicable, issued to a person who is younger than 18 years of age;                 (3)     include on a permit issued under this subchapter   an indication that the permit is valid proof of identity for driving   purposes only and is not valid as proof of identity for any federal   purpose, including voting; and                 (4)     design the permit to appear substantially similar   to the design of a driver's license.           (c)  Except as otherwise provided by this chapter:                 (1)     a holder of a Texas conditional driver's permit is   subject to the laws of this state applicable to the holder of an   original or duplicate driver's license;                 (2)     a holder of a provisional Texas conditional   driver's permit is subject to the laws of this state applicable to   the holder of a provisional driver's license; and                 (3)     a holder of a Texas conditional learner permit is   subject to the laws of this state applicable to the holder of a   learner license.           (d)  The department shall adopt rules:                 (1)     regarding the design and content of permits issued   under this subchapter;                 (2)     establishing criteria for proof of identification   and residency of an applicant;                 (3)     requiring a check of state and national criminal   history record information to determine whether an applicant is   eligible for a permit under Section 521.231(a)(3); and                 (4)     regarding qualifications for the issuance of   provisional Texas conditional driver's permits and Texas   conditional learner permits.           Sec.   521.233.     APPLICATION. (a) An application for a permit   under this subchapter must state the applicant's full name and   place and date of birth. This information must be verified by   presentation of one document establishing the applicant's identity   and age, including:                 (1)     a current passport or consular document issued to   the applicant by the country of which the applicant is a citizen;                 (2)  a current border crossing card;                 (3)     a current Mexican voter registration card   (Instituto Nacional Electoral credencial para votar);                 (4)     an individual taxpayer identification number   issued by the Internal Revenue Service; or                 (5)     another identification document the department   determines by rule is acceptable as proof of the information.           (b)  The application must include:                 (1)     the applicant's thumbprints or, if thumbprints   cannot be taken, the index fingerprints of the applicant;                 (2)  a photograph of the applicant;                 (3)  the signature of the applicant;                 (4)  a brief description of the applicant;                 (5)     any information necessary to perform a criminal   history background check on the applicant; and                 (6)     evidence that the applicant has resided in this   state for at least one year.           (c)  The application must state:                 (1)  the sex of the applicant;                 (2)  the residence address of the applicant;                 (3)     whether the applicant has been licensed to drive a   motor vehicle before;                 (4)  if previously licensed:                       (A)  when and by what state or country;                       (B)     whether that license has been suspended or   revoked or a license application denied; and                       (C)     if applicable, the date and reason for the   suspension, revocation, or denial; and                 (5)  the county of residence of the applicant.           (d)     Regardless of the applicant's age, the application must   state whether the applicant has completed a driver education course   required by Section 521.1601 and each applicable examination   required by Section 521.161.           (e)     The application must be accompanied by evidence of   financial responsibility that complies with the requirements of   Section 521.143.           (f)     The application must include any other information the   department requires to determine the applicant's eligibility as   required by state law.           (g)     Information collected by the department under this   section is confidential and not subject to disclosure under Chapter   552, Government Code.           (h)     Information supplied to the department relating to an   applicant's medical history is for the confidential use of the   department and may not be disclosed to any person or used as   evidence in a legal proceeding other than a proceeding under   Subchapter N. This subsection does not apply to information   provided by an applicant under Subsection (i).           (i)     The application must provide space for the applicant to   voluntarily list any health condition that may impede communication   with a peace officer as evidenced by a written statement from a   licensed physician.           (j)     Information supplied to the department relating to the   applicant's criminal history is for the confidential use of the   department and may not be disclosed to any person or used as   evidence in a legal proceeding, including an immigration   proceeding.           Sec.   521.234.     FEES. The fee for the issuance or renewal of   a Texas conditional driver's permit or the issuance of a   provisional Texas conditional driver's permit or a Texas   conditional learner permit is $100 or an amount set by the   department, not to exceed $100.   The department may set the fee at   an amount that is less than $100 if:                 (1)     the amount is sufficient to cover the department's   costs of administering this subchapter based on the department's   costs of administering this subchapter during the previous fiscal   year; and                 (2)     the department has fully recouped the cost of   initially implementing this subchapter from the total amount of   fees collected under this subchapter.           Sec.   521.235.     EXPIRATION. (a) Each Texas conditional   driver's permit issued or renewed under this subchapter expires two   years after the date of issuance.           (b)     Each provisional Texas conditional driver's permit and   Texas conditional learner permit issued under this subchapter   expires on the 18th birthday of the permit holder.           Sec.   521.236.     RENEWAL. The department shall allow an   eligible applicant to renew a Texas conditional driver's permit in   the same manner and locations as an applicant for the renewal of a   driver's license under Subchapter M.          SECTION 2.  Not later than January 1, 2026, the Department of   Public Safety of the State of Texas shall:                (1)  adopt the rules necessary to implement Subchapter   K-1, Chapter 521, Transportation Code, as added by this Act; and                (2)  create the application form required by Section   521.233, Transportation Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.