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A BILL TO BE ENTITLED
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AN ACT
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relating to providing children committed to the Texas Juvenile |
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Justice Department and prisoners serving a sentence in a county |
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jail with certain documents on discharge or release; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 245, Human Resources Code, |
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is amended by adding Sections 245.0536 and 245.0537 to read as |
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follows: |
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Sec. 245.0536. PROVIDING RELEASED OR DISCHARGED CHILD WITH |
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STATE-ISSUED IDENTIFICATION. (a) Before releasing a child under |
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supervision or finally discharging a child, the department shall: |
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(1) determine whether the child has: |
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(A) a valid license issued under Chapter 521, |
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Transportation Code; or |
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(B) a valid personal identification certificate |
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issued under Chapter 521, Transportation Code; and |
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(2) if the child does not have a valid license or |
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certificate described by Subdivision (1), submit to the Department |
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of Public Safety on behalf of the child a request for the issuance |
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of a personal identification certificate under Chapter 521, |
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Transportation Code. |
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(b) The department shall submit a request under Subsection |
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(a)(2) on intake of the child to enable the department to provide |
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the child with the personal identification certificate when the |
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department releases or discharges the child. |
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(c) The department, the Department of Public Safety, and the |
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vital statistics unit of the Department of State Health Services |
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shall adopt a memorandum of understanding that establishes their |
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respective responsibilities with respect to the issuance of a |
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personal identification certificate to a child, including |
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responsibilities related to verification of the child's identity. |
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The memorandum of understanding must require the Department of |
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State Health Services to electronically verify the birth record of |
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a child whose name and any other personal information is provided by |
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the department and to electronically report the recorded filing |
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information to the Department of Public Safety to validate the |
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identity of a child under this section. |
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(d) The department shall reimburse the Department of Public |
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Safety or the Department of State Health Services for the actual |
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costs incurred by those agencies in performing responsibilities |
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established under this section. The department may charge a child |
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or the child's parent or guardian for the actual costs incurred |
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under this section or the fees required by Section 521.421, |
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Transportation Code. |
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(e) This section does not apply to a child who: |
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(1) is not legally present in the United States; or |
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(2) was not a resident of this state before the child |
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was placed in the custody of the department. |
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Sec. 245.0537. PROVIDING RELEASED OR DISCHARGED CHILD WITH |
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BIRTH CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to |
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complying with the requirements of Section 245.0536, before |
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releasing a child under supervision or finally discharging a child, |
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the department must: |
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(1) determine whether the child has a: |
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(A) certified copy of the child's birth |
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certificate; and |
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(B) copy of the child's social security card; and |
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(2) if the child does not have a document described by |
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Subdivision (1), submit to the appropriate entity on behalf of the |
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child a request for the issuance of the applicable document. |
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(b) The department shall submit a request under Subsection |
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(a)(2) on intake of the child to enable the department to provide |
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the child with the applicable document when the department releases |
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or discharges the child. |
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(c) This section does not apply to a child who: |
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(1) is not legally present in the United States; or |
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(2) was not a resident of this state before the child |
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was placed in the custody of the department. |
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SECTION 2. Subchapter C, Chapter 351, Local Government |
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Code, is amended by adding Sections 351.048 and 351.049 to read as |
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follows: |
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Sec. 351.048. PROVIDING DISCHARGED PRISONER WITH |
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STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner |
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serving a sentence in a county jail, the sheriff of the county |
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shall: |
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(1) determine whether the prisoner has: |
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(A) a valid license issued under Chapter 521 or |
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522, Transportation Code; or |
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(B) a valid personal identification certificate |
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issued under Chapter 521, Transportation Code; and |
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(2) if the prisoner does not have a valid license or |
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certificate described by Subdivision (1), submit to the Department |
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of Public Safety on behalf of the prisoner a request for the |
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issuance of a personal identification certificate under Chapter |
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521, Transportation Code. |
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(b) The sheriff shall submit a request under Subsection |
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(a)(2) on intake of the prisoner to enable the sheriff to provide |
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the prisoner with the personal identification certificate when the |
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prisoner is discharged from the county jail. |
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(c) The Commission on Jail Standards, the Department of |
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Public Safety, and the vital statistics unit of the Department of |
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State Health Services shall adopt a memorandum of understanding |
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that establishes the respective responsibilities of a sheriff, the |
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Department of Public Safety, and the Department of State Health |
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Services with respect to the issuance of a personal identification |
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certificate to a prisoner serving a sentence in a county jail, |
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including responsibilities related to verification of the |
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prisoner's identity. The memorandum of understanding must require |
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the Department of State Health Services to electronically verify |
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the birth record of a prisoner whose name and any other personal |
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information is provided by the sheriff and to electronically report |
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the recorded filing information to the Department of Public Safety |
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to validate the identity of a prisoner under this section. |
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(d) The sheriff or commissioners court of the county shall |
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reimburse the Department of Public Safety or the Department of |
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State Health Services for the actual costs incurred by those |
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agencies in performing responsibilities established under this |
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section. The sheriff may charge a prisoner for the actual costs |
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incurred under this section or the fees required by Section |
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521.421, Transportation Code. |
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(e) This section does not apply to a prisoner who: |
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(1) is not legally present in the United States; or |
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(2) was not a resident of this state before the |
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prisoner was placed in the custody of the sheriff. |
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Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH BIRTH |
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CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying |
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with the requirements of Section 351.048, before discharging a |
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prisoner serving a sentence in a county jail, the sheriff of the |
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county must: |
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(1) determine whether the prisoner has a: |
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(A) certified copy of the prisoner's birth |
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certificate; and |
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(B) copy of the prisoner's social security card; |
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and |
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(2) if the prisoner does not have a document described |
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by Subdivision (1), submit to the appropriate entity on behalf of |
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the prisoner a request for the issuance of the applicable document. |
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(b) The sheriff shall submit a request under Subsection |
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(a)(2) on intake of the prisoner to enable the sheriff to provide |
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the prisoner with the applicable document when the prisoner is |
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discharged from the county jail. |
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(c) This section does not apply to a prisoner who: |
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(1) is not legally present in the United States; or |
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(2) was not a resident of this state before the |
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prisoner was placed in the custody of the sheriff. |
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SECTION 3. Section 521.421(a-1), Transportation Code, is |
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amended to read as follows: |
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(a-1) The fee for a personal identification certificate or |
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driver's license issued under Section 501.0165, Government Code, |
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[or] Section 841.153, Health and Safety Code, Section 245.0536, |
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Human Resources Code, Section 351.048, Local Government Code, or |
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Section 521.1421, Transportation Code, is $5. |
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SECTION 4. Sections 245.0536 and 245.0537, Human Resources |
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Code, as added by this Act, apply only to the release under |
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supervision or final discharge of a child that occurs on or after |
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December 1, 2021. A release under supervision or final discharge |
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that occurs before that date is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. Sections 351.048 and 351.049, Local Government |
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Code, as added by this Act, apply only to the discharge of a |
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prisoner that occurs on or after December 1, 2021. A discharge that |
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occurs before that date is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |