1-1 By: Nixon (Senate Sponsor - Moncrief) H.B. No. 153 1-2 (In the Senate - Received from the House April 9, 1999; 1-3 April 12, 1999, read first time and referred to Committee on 1-4 Criminal Justice; May 11, 1999, reported favorably by the following 1-5 vote: Yeas 7, Nays 0; May 11, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to establishing a procedure to prevent the fraudulent use 1-9 of an individual's identification in circumstances affecting proper 1-10 law enforcement. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter D, Chapter 411, Government Code, is 1-13 amended by adding Section 411.0421 to read as follows: 1-14 Sec. 411.0421. INFORMATION REGARDING FRAUDULENT USE OF 1-15 IDENTIFICATION. (a) The department shall create a record of each 1-16 individual who: 1-17 (1) in conjunction with the attorney representing the 1-18 state in the prosecution of felonies in the county in which the 1-19 individual resides and the sheriff of that county or, if the 1-20 individual is not a resident of a county in this state, the 1-21 attorney and sheriff in a county that the individual frequents, 1-22 signs a declaration that the individual's identity has been used by 1-23 another person to frustrate proper law enforcement without the 1-24 individual's consent; and 1-25 (2) files that declaration with the department. 1-26 (b) A declaration filed under this section must include: 1-27 (1) the individual's name, social security number, 1-28 driver's license number, date of birth, and other identifying data 1-29 requested by the department; 1-30 (2) a statement that the individual's name, social 1-31 security number, driver's license number, date of birth, or other 1-32 data has been used by another person to frustrate proper law 1-33 enforcement; and 1-34 (3) a name, word, number, letter, or combination of 30 1-35 or fewer characters designated by the individual as a unique 1-36 password to verify the individual's identity. 1-37 (c) On receipt of a declaration under this section, the 1-38 department shall create a record of the individual's identity, 1-39 including a record of the individual's unique password, in the 1-40 criminal history record information maintained by the department 1-41 under Subchapter F. The department shall ensure that this record, 1-42 including the unique password, is available online to any criminal 1-43 justice agency authorized to receive information from the 1-44 department under Subchapter F. 1-45 SECTION 2. Chapter 60, Code of Criminal Procedure, is 1-46 amended by adding Article 60.19 to read as follows: 1-47 Art. 60.19. INFORMATION RELATED TO MISUSED IDENTITY. On 1-48 receipt of a declaration under Section 411.0421, Government Code, 1-49 or on receipt of information similar to that contained in a 1-50 declaration, the department shall separate information maintained 1-51 in the computerized criminal history system regarding an individual 1-52 whose identity has been misused from information maintained in that 1-53 system regarding the person who misused the identity. 1-54 SECTION 3. This Act takes effect September 1, 1999. 1-55 SECTION 4. The importance of this legislation and the 1-56 crowded condition of the calendars in both houses create an 1-57 emergency and an imperative public necessity that the 1-58 constitutional rule requiring bills to be read on three several 1-59 days in each house be suspended, and this rule is hereby suspended. 1-60 * * * * *