BILL ANALYSIS

Senate Research Center	H.B. 3641
88R14408 MZM-F	By: Guillen (West)
	Transportation
	5/18/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

One of the requirements for a Texas driver's license is that an applicant provide information on their place of residence. Current law under Section 521.1426, Transportation Code, also specifies that an individual must have an established domicile in Texas to be eligible for a driver's license or state identification card (certificate).

The definition of domicile relates to a permanent residence. Department of Public Safety of the State of Texas (DPS) policy requires only that applicants for a non-commercial driver's license or identification card provide proof of having a Texas residence address, not that the address is a permanent residence. For example, this now affects college students who go to an out-of-state school, but maintain their principal place of residence in Texas. H.B. 3641 would also assist a child who does not live at a permanent address or home with parents or guardians in obtaining a personal identification certificate.

H.B. 3641 seeks to better align state law with DPS policy by revising the statutory residency requirements to specify that applicants for a driver's license or personal identification certificate need to have an established address of principal residence in Texas. The bill would change the definition of residency, not the policy of proving residency. 

H.B. 3641 amends the Transportation Code to revise the residency requirements for a driver's license or personal identification certificate by extending eligibility to all otherwise eligible persons who have established an address of principal residence in Texas, rather than restricting eligibility only to those who have an established domicile in Texas.

H.B. 3641 does not otherwise change the requirements for obtaining a driver's license or personal identification certificate. The bill amends several sections of Chapter 521, Transportation Code, to replace the term "domicile" with "address of principal residence," as applicable.

H.B. 3641 amends current law relating to residency requirements for driver's licenses and personal identification certificates.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Department of Public Safety of the State of Texas is modified in SECTION 4 (Section 521.1426, Transportation Code) and SECTION 6 (Section 521.421, Transportation Code) this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 521.101, Transportation Code, by amending Subsections (f-1) and (j), as follows:

(f-1) Provides that a personal identification certificate issued to a person whose address of principal residence, rather than 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.

(j) Makes a conforming change to this subsection.

SECTION 2. Amends Section 521.1015(c), Transportation Code, to make a conforming change.

SECTION 3. Amends Section 521.1016(c), Transportation Code, to make a conforming change.

SECTION 4. Amends Section 521.1426, Transportation Code, as follows:

Sec. 521.1426. New heading: ADDRESS OF PRINCIPAL RESIDENCE REQUIREMENT; VERIFICATION. (a) Makes a conforming change to this subsection.

(b) Requires the Department of Public Safety of the State of Texas (DPS) to adopt rules for determining whether an address of principal residence, rather than a domicile, has been established, including rules prescribing the types of documentation DPS is authorized to require from the applicant to verify the validity of the claimed principal residence. Makes a conforming change.

(c) Makes conforming changes to this subsection.

SECTION 5. Amends Sections 521.271(a) and (b), Transportation Code, to make conforming changes.

SECTION 6. Amends Section 521.421(a-2), Transportation Code, to require DPS by rule, except as provided by Subsection (a-1) (relating to providing that the fee for a personal identification certificate issued under certain statutes is $5), to establish the fee for a personal identification certificate or driver's license issued to a person whose address of principal residence, rather than to a person whose residence or domicile, is a correctional facility or a parole facility.

SECTION 7. Makes application of this Act prospective.

SECTION 8. Effective date: September 1, 2023.