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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of the Department of Public Safety image |
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verification system for the purpose of verifying an individual's |
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identity; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.058, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.058. DISPOSITION OF FEES. (a) Except as provided |
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by Subsection (b), each [Each] fee collected under this subchapter |
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shall be deposited to the credit of the Texas mobility fund. |
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(b) The fee collected under Section 521.0591 shall be |
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deposited to the credit of a special account in the general revenue |
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fund and may be used only by the Department of Public Safety for the |
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administration of Section 521.0591. |
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SECTION 2. Section 521.059(c), Transportation Code, is |
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amended to read as follows: |
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(c) The department shall use the image verification system |
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established under this section only to the extent allowed by: |
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(1) Section 521.0591 to verify an individual's |
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identity; and |
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(2) Chapter 730[, Transportation Code,] to aid other |
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law enforcement agencies in: |
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(A) [(1)] establishing the identity of a victim |
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of a disaster or crime that a local law enforcement agency is unable |
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to establish; or |
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(B) [(2)] conducting an investigation of |
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criminal conduct. |
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SECTION 3. Subchapter C, Chapter 521, Transportation Code, |
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is amended by adding Section 521.0591 to read as follows: |
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Sec. 521.0591. USE OF IMAGE VERIFICATION SYSTEM FOR |
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IDENTITY VERIFICATION. (a) The department may, on entering into a |
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memorandum of understanding with a person, verify the identity of |
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an individual by comparing a facial image of the individual to |
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facial images contained in the image verification system |
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established under Section 521.059. The department may comply with |
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a request under this section only if the request includes: |
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(1) a facial image of the individual who is the subject |
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of the identity verification request and any other information the |
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department requires to determine the individual's identity; |
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(2) the consent of the individual described by |
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Subdivision (1); and |
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(3) the fee described by Subsection (c). |
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(b) The department may refuse to provide an identity |
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verification under this section for any reason. |
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(c) The department by rule shall establish a fee for the |
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submission of an identity verification request under this section |
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in an amount sufficient to cover the costs of the department's |
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compliance with this section, including the direct and indirect |
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costs associated with the department's use of the image |
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verification system. |
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(d) Information submitted to the department as part of an |
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identity verification request under this section, including all |
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images and personal identifying information, is confidential and |
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not subject to disclosure under Chapter 552, Government Code. |
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(e) The department shall, after conducting an identity |
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verification or refusing to conduct an identity verification under |
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this section, destroy all information submitted as part of the |
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identity verification request. The department shall adopt rules to |
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implement this subsection. |
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(f) The department may contract with a private vendor to |
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allow the vendor access to the image verification system under |
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Section 521.059 for the purpose of processing identity verification |
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requests under this section. |
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SECTION 4. Not later than December 1, 2025, the Department |
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of Public Safety shall adopt the rules necessary to implement |
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Section 521.0591, Transportation Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |