Romero Permit Bill Shields Applicant Files From Immigration Cases

The text as introduced · 1,251 words

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.