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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a certified birth record, driver's |
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license, or personal identification certificate to a homeless |
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individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 191, Health and Safety |
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Code, is amended by adding Section 191.00495 to read as follows: |
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Sec. 191.00495. BIRTH RECORD ISSUED TO HOMELESS INDIVIDUAL. |
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(a) In this section, "homeless individual": |
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(1) means an individual who: |
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(A) lacks a fixed, regular, and adequate |
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nighttime residence; or |
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(B) has a primary nighttime residence that is: |
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(i) a supervised publicly or privately |
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operated shelter designed to provide temporary living |
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accommodations, including welfare hotels, congregate shelters, and |
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transitional housing for persons with mental illness; |
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(ii) an institution that provides a |
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temporary residence for individuals intended to be |
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institutionalized; or |
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(iii) a public or private place not |
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designed for, or ordinarily used as, a regular sleeping |
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accommodation for human beings; and |
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(2) does not include an individual who is imprisoned |
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or otherwise detained in a correctional facility, unless the |
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individual satisfies the conditions described by Subdivision (1) at |
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the time of the individual's arrest. |
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(b) On request of a homeless individual, the state |
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registrar, a local registrar, or a county clerk shall issue, |
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without fee, a certified copy of the individual's birth record to |
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the individual. |
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(c) The department by rule shall: |
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(1) adopt a process to verify a person's status as a |
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homeless individual; and |
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(2) prescribe the documentation necessary for the |
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issuance of a certified copy of a birth record to a homeless |
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individual whose status is verified through the process adopted |
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under Subdivision (1). |
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(d) In adopting a verification process under Subsection |
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(c), the department shall allow a person requesting a birth record |
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to provide a letter certifying the person is a homeless individual |
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that is issued by the director of: |
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(1) an emergency shelter or transitional housing |
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program funded by the United States Department of Housing and Urban |
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Development; |
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(2) a shelter for homeless individuals; |
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(3) a transitional living program; or |
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(4) a law enforcement agency of a political |
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subdivision of this state that appoints or employs peace officers |
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as described by Article 2.12, Code of Criminal Procedure. |
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(e) Notwithstanding any other law of this state, the |
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department may not require a homeless individual to provide a |
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physical address of the individual's residence to satisfy any |
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requirement of this section. |
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SECTION 2. Subchapter I, Chapter 521, Transportation Code, |
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is amended by adding Section 521.184 to read as follows: |
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Sec. 521.184. ISSUANCE OF LICENSE OR CERTIFICATE TO |
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HOMELESS INDIVIDUAL. (a) In this section, "homeless individual" |
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has the meaning assigned by Section 191.00495, Health and Safety |
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Code. |
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(b) The department by rule shall: |
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(1) adopt a process to verify a person's status as a |
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homeless individual; |
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(2) prescribe the documentation necessary for the |
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issuance of a driver's license or personal identification |
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certificate to a homeless individual; and |
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(3) exempt a homeless individual from the payment of |
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fees under this chapter for the issuance of a driver's license or |
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personal identification certificate, subject to Section 521.4265. |
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(c) In adopting a verification process under Subsection |
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(b), the department shall allow a person applying for a driver's |
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license or personal identification certificate to provide a letter |
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certifying the person is a homeless individual that is issued by the |
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director of: |
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(1) an emergency shelter or transitional housing |
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program funded by the United States Department of Housing and Urban |
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Development; |
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(2) a shelter for homeless individuals; |
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(3) a transitional living program; or |
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(4) a law enforcement agency of a political |
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subdivision of this state that appoints or employs peace officers |
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as described by Article 2.12, Code of Criminal Procedure. |
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(d) Notwithstanding any other law of this state and to the |
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extent permitted under federal law, the department may not require |
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a homeless individual to provide a physical address of the |
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individual's residence to satisfy any requirement of this chapter. |
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(e) Rules adopted under this section regarding the issuance |
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of a personal identification certificate to a homeless child or |
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youth, as defined by Section 521.1015, must be consistent with the |
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provisions of that section. |
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SECTION 3. Sections 521.4265(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) From the money in the identification fee exemption |
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account the department shall: |
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(1) request that the comptroller transfer to the Texas |
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Workforce Commission amounts sufficient to cover the cost of |
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implementing the program under Section 521.168, including amounts |
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sufficient for the payment by the Texas Workforce Commission of: |
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(A) fees to entities other than the department; |
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and |
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(B) the Texas Workforce Commission's |
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implementation costs; and |
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(2) for each exemption granted under Section 521.1015, |
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521.1016, [or] 521.1811, or 521.184, deposit to the credit of the |
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Texas mobility fund an amount that is equal to the amount of the |
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waived fee that would otherwise be deposited to the mobility fund. |
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(c) The department may not: |
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(1) request a transfer under Subsection (b)(1) if the |
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balance of the account for the fiscal year is less than three times |
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the amount expended in the previous fiscal year for the waivers |
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provided by Sections 521.1015(e), [and] 521.1811, and 521.184; or |
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(2) grant an exemption under Section 521.1015, |
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521.1016, [or] 521.1811, or 521.184, if money is not available in |
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the identification fee exemption account to meet the requirements |
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of Subsection (b)(2). |
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SECTION 4. The changes in law made by this Act apply to an |
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application for a birth record, driver's license, or personal |
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identification certificate submitted on or after the effective date |
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of this Act. An application for a birth record, driver's license, or |
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personal identification certificate submitted before the effective |
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date of this Act is governed by the law in effect on the date the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |