SRC-TNM S.B. 89 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 89
By: West
Criminal Justice
2-14-97
As Filed


DIGEST 

Currently, the Transportation Code creates penalties for a person who
sells, manufactures, distributes, or possesses documents that are
deceptively similar to a driver's license or personal identification
certificate issued by the Texas Department of Public Safety.  Fraudulent
out-of state identification, and fraudulent identification issued by other
state agencies are not included.  The ability to use fraudulent
out-of-state driver's licenses has created a loophole often used by minors
when attempting to purchase alcohol illegally.  Additionally, the use of
counterfeit equipment for the purpose of manufacturing false
identification documents for commercial sale to minors has become a
profitable industry.  The Senate Interim Committee on Juvenile Driving
While Intoxicated recommended stronger penalties for commercialized
license fraud as well as closing the current loophole that exists which
does not prohibit persons from selling, manufacturing, distributing or
possessing false out-of-state driver's licenses.  S.B. 89 outlines
provisions and provides penalties relating to a counterfeit driver's
license, personal identification certificate, or other instrument. 

PURPOSE

As proposed, S.B. 89 outlines provisions and provides penalties relating
to a fictitious, forged, or counterfeit driver's license, personal
identification certificate, or other instrument. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 521.453, Transportation Code, by amending
Subsections (a) and (b) and adding Subsection (g), to provide that a
document is deceptively similar to a driver's license or personal
identification certificate if a person assumes it was issued by the
Department of  Public Safety (department), another agency of this state,
another state, or the United States.  Defines "driver's license" and
"personal identification certificate."  Makes a conforming change. 

SECTION 2. Amends Section 521.456, Transportation Code, to provide that a
person commits a third degree felony  if the person prints, or possesses
with intent to sell, a counterfeit instrument that the person knows is not
printed by an authority authorized to do so.  Provides that a person who
possesses a counterfeit instrument commits a felony punishable by
imprisonment in the institutional division of the Texas Department of
Criminal Justice for two to five years.  Renumbers existing subsections
and makes nonsubstantive changes. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.