By West                                                 S.B. No. 89

      75R874 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a fictitious, forged, or counterfeit driver's license,

 1-3     personal identification certificate, or other instrument; providing

 1-4     penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 521.453, Transportation Code, is amended

 1-7     by amending Subsections (a) and (b) and adding Subsection (g) to

 1-8     read as follows:

 1-9           (a)  Except as provided by Subsection (f), a person commits

1-10     an offense if the person sells, manufactures, distributes, or

1-11     possesses a document that is deceptively similar to a driver's

1-12     license or a personal identification certificate [issued by the

1-13     department] unless the document displays the statement "NOT A

1-14     GOVERNMENT DOCUMENT" diagonally printed clearly and indelibly on

1-15     both the front and back of the document in solid red capital

1-16     letters at least one-fourth inch in height.

1-17           (b)  For purposes of this section, a document is deceptively

1-18     similar to a driver's license or personal identification

1-19     certificate if a reasonable person would assume that it was issued

1-20     by the department, another agency of this state, another state, or

1-21     the United States.

1-22           (g)  In this section:

1-23                 (1)  "Driver's license" includes a driver's license

1-24     issued by another state or by the United States.

 2-1                 (2)  "Personal identification certificate" means a

 2-2     personal identification certificate issued by the department, by

 2-3     another agency of this state, by another state, or by the United

 2-4     States.

 2-5           SECTION 2.  Section 521.456, Transportation Code, is amended

 2-6     to read as follows:

 2-7           Sec. 521.456.  COUNTERFEIT INSTRUMENT.  (a)  A person commits

 2-8     an offense if the person prints, engraves, copies, photographs,

 2-9     makes, issues, sells, circulates, or passes a forged or counterfeit

2-10     instrument that the person knows is not printed, manufactured, or

2-11     made by or under the direction of, or issued, sold, or circulated

2-12     by or under the direction of, a person, board, agency, or authority

2-13     authorized to do so under this chapter or under the laws of the

2-14     United States, another state, or a Canadian province.  An offense

2-15     under this subsection is a felony of the third degree.

2-16           (b)  A person commits an offense if the person possesses with

2-17     the intent to use, sell, circulate, or pass a forged or counterfeit

2-18     instrument that is not printed, manufactured, or made by or under

2-19     the direction of, or issued, sold, or circulated by or under the

2-20     direction of, a person, board, agency, or authority authorized to

2-21     do so under this chapter or under the laws of the United States,

2-22     another state, or a Canadian province.  An offense under this

2-23     subsection is a felony punishable by imprisonment in the

2-24     institutional division of the Texas Department of Criminal Justice

2-25     for not less than two years or more than five years.

2-26           (c)  A person commits an offense if the person possesses all

2-27     or part of a stamp, dye, plate, negative, machine, or other device

 3-1     that is used or designed for use in forging or counterfeiting an

 3-2     instrument.

 3-3           [(d)]  An offense under this subsection [section] is a felony

 3-4     punishable by imprisonment in the institutional division of the

 3-5     Texas [State] Department of Criminal Justice for not less than two

 3-6     years or more than five years.

 3-7           (d) [(e)]  A court that has jurisdiction over an offense

 3-8     under this section, or a district or county attorney, may subpoena

 3-9     any person and compel the person's attendance as a witness to

3-10     testify regarding an offense under this section.  A person who is

3-11     summoned and examined may not be prosecuted for the offense about

3-12     which the person testifies.

3-13           (e) [(f)]  For purposes of this section, "instrument" means a

3-14     driver's license, driver's license form, personal identification

3-15     certificate, stamp, permit, license, official signature,

3-16     certificate, evidence of fee payment, or any other instrument.

3-17           SECTION 3.  This Act takes effect September 1, 1997.  The

3-18     changes in law made by this Act apply only to an offense committed

3-19     on or after September 1, 1997.  An offense committed before

3-20     September 1, 1997, is covered by the law in effect when the offense

3-21     was committed, and the former law is continued in effect for that

3-22     purpose.  For purposes of this section, an offense was committed

3-23     before September 1, 1997, if any element of the offense occurred

3-24     before that date.

3-25           SECTION 4.  The importance of this legislation and the

3-26     crowded condition of the calendars in both houses create an

3-27     emergency and an imperative public necessity that the

 4-1     constitutional rule requiring bills to be read on three several

 4-2     days in each house be suspended, and this rule is hereby suspended.