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.
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