76R8863 PEP-D                           
         By Nixon                                               H.B. No. 153
         Substitute the following for H.B. No. 153:
         By Nixon                                           C.S.H.B. No. 153
                                A BILL TO BE ENTITLED
 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.
2-25           SECTION 4.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended.