1-1 AN ACT
1-2 relating to establishing a procedure to prevent the fraudulent use
1-3 of an individual's identification in circumstances affecting proper
1-4 law enforcement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 411, Government Code, is
1-7 amended by adding Section 411.0421 to read as follows:
1-8 Sec. 411.0421. INFORMATION REGARDING FRAUDULENT USE OF
1-9 IDENTIFICATION. (a) The department shall create a record of each
1-10 individual who:
1-11 (1) in conjunction with the attorney representing the
1-12 state in the prosecution of felonies in the county in which the
1-13 individual resides and the sheriff of that county or, if the
1-14 individual is not a resident of a county in this state, the
1-15 attorney and sheriff in a county that the individual frequents,
1-16 signs a declaration that the individual's identity has been used by
1-17 another person to frustrate proper law enforcement without the
1-18 individual's consent; and
1-19 (2) files that declaration with the department.
1-20 (b) A declaration filed under this section must include:
1-21 (1) the individual's name, social security number,
1-22 driver's license number, date of birth, and other identifying data
1-23 requested by the department;
1-24 (2) a statement that the individual's name, social
2-1 security number, driver's license number, date of birth, or other
2-2 data has been used by another person to frustrate proper law
2-3 enforcement; and
2-4 (3) a name, word, number, letter, or combination of 30
2-5 or fewer characters designated by the individual as a unique
2-6 password to verify the individual's identity.
2-7 (c) On receipt of a declaration under this section, the
2-8 department shall create a record of the individual's identity,
2-9 including a record of the individual's unique password, in the
2-10 criminal history record information maintained by the department
2-11 under Subchapter F. The department shall ensure that this record,
2-12 including the unique password, is available online to any criminal
2-13 justice agency authorized to receive information from the
2-14 department under Subchapter F.
2-15 SECTION 2. Chapter 60, Code of Criminal Procedure, is
2-16 amended by adding Article 60.19 to read as follows:
2-17 Art. 60.19. INFORMATION RELATED TO MISUSED IDENTITY. On
2-18 receipt of a declaration under Section 411.0421, Government Code,
2-19 or on receipt of information similar to that contained in a
2-20 declaration, the department shall separate information maintained
2-21 in the computerized criminal history system regarding an individual
2-22 whose identity has been misused from information maintained in that
2-23 system regarding the person who misused the identity.
2-24 SECTION 3. This Act takes effect September 1, 1999, except
2-25 that the Texas Department of Public Safety is not required to begin
2-26 performing the duties imposed on the department by Section
2-27 411.0421, Government Code, and Article 60.19, Code of Criminal
3-1 Procedure, as added by this Act, until the date on which the
3-2 department implements the requirements of the National Crime
3-3 Information Center 2000 system upgrades.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 153 was passed by the House on April
8, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 153 on May 27, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 153 on May 30, 1999, by a
non-record vote; and that the House adopted H.C.R. No. 315
authorizing certain corrections in H.B. No. 153 on May 30, 1999, by
a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 153 was passed by the Senate, with
amendments, on May 26, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 153 on May 30, 1999, by
a viva-voce vote; and that the Senate adopted H.C.R. No. 315
authorizing certain corrections in H.B. No. 153 on May 30, 1999, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor