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.