SRC-JBJ S.B. 784 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 784
76R5445 PEP-FBy: Moncrief
Criminal Justice
4/13/1999
As Filed


DIGEST 

Currently, some people use illegally the identity of other persons.  As a
result, the victim of the stolen identity becomes significantly
inconvenienced, sometimes even temporarily jailed for offenses not
committed by the victim.  A Department of Public Safety (DPS)
identification record and procedure could provide a solution to stolen
identification.  A victim who reports stolen identification could command
a code number to designate himself or herself apart from the thief, if the
victim runs afoul with mistaken law enforcement.  S.B. 784 would create the
necessary identification with photo/fingerprint information and a secret
code to be maintained through DPS. 

PURPOSE

As proposed, S.B. 784 requires the Department of Public Safety to maintain
a system with certain information and pass codes to distinguish between a
victim of stolen identification and the thief. 

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 Subchapter 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 and keep a record
of each individual who signs a declaration that the individual's
identification has been fraudulently used by another person, in conjunction
with certain officials, and file that declaration with DPS.  Sets forth
information required to be included in a declaration filed under this
section.  Requires DPS to create a record of the individual's identify, in
the criminal history record information maintained by DPS under Subchapter
F.  Requires DPS to ensure that the record is available online, containing
the fraudulent information, including the unique password used by a person
to frustrate law enforcement officials, to other law enforcement offices
authorized under Subchapter F. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.