SRC-DPW H.B. 153 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 153
76R8863 PEP-DBy: Nixon, Joe (Madla)
Criminal Justice
5/7/1999
Engrossed


DIGEST 

Currently, individuals using other persons' identification without
permission has become a problem. All incidents under a person's name are
kept on record as to allow law enforcement agencies to track violators,
even when the violator uses another person's identification.  This bill
would  establish a procedure to prevent the fraudulent use of an
individual's identification in circumstances affecting proper law
enforcement. 

PURPOSE

As proposed, H.B. 153 establishes a procedure to prevent the fraudulent use
of an individual's identification in circumstances affecting proper law
enforcement. 

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 Chapter 411D, Government Code, by adding Section
411.0421, as follows: 

Sec. 411.0421. INFORMATION REGARDING FRAUDULENT USE OF IDENTIFICATION.
Requires the Department of Public Safety (DPS) to create a record of each
individual who, in conjunction with a state attorney and sheriff, signs a
declaration that the individual's identity has been used by another person
without consent and files the declaration with DPS.  Requires a declaration
filed under this section to include certain information relating to the
identity of the individual.  Requires DPS to create a record of the
individual's identity in the criminal history record information maintained
by DPS under Subchapter F.  Requires DPS to ensure that such a record is
available online to any criminal justice agency authorized to receive
information from DPS under Subchapter F.   

SECTION 2. Amends Chapter 60, Code of Criminal Procedure, by adding Article
60.19, as follows: 

Art. 60.19. INFORMATION RELATED TO MISUSED IDENTITY. Requires DPS to
separate information maintained in the computerized criminal history system
regarding an individual whose identity has been misused from information
maintained in that system regarding the person who misused the identity, on
receipt of a declaration under Section 411.0421, Government Code, or
similar information. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.