1-1 AN ACT
1-2 relating to the requirement that an applicant for a driver's
1-3 license provide certain identification information to the
1-4 Department of Public Safety and to the duty of the department to
1-5 provide a voter registration application form to an applicant.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 20.063, Election Code, is amended by
1-8 amending Subsection (a) and adding Subsection (e) to read as
1-9 follows:
1-10 (a) Except as provided by Subsection (e), the [The]
1-11 Department of Public Safety shall provide to each person who
1-12 applies in person at the department's offices for an original or
1-13 renewal of a driver's license, a personal identification card, or a
1-14 duplicate or corrected license or card an opportunity to complete a
1-15 voter registration application form.
1-16 (e) The Department of Public Safety may not provide a voter
1-17 registration application form to a person described by Subsection
1-18 (a) who presents as proof of identity a document described by
1-19 Section 521.142(a)(3), Transportation Code, or a duplicate original
1-20 birth certificate issued by another country or a certified copy of
1-21 a birth certificate issued by another country unless the person
1-22 also presents acceptable proof that the person is a United States
1-23 citizen.
1-24 SECTION 2. Section 231.302, Family Code, is amended by
2-1 amending Subsection (c) and adding Subsections (h) and (i) to read
2-2 as follows:
2-3 (c) To assist in the administration of laws relating to
2-4 child support enforcement under Parts A and D of Title IV of the
2-5 federal Social Security Act (42 U.S.C. Sections 601-617 and
2-6 651-669):
2-7 (1) each licensing authority shall request and each
2-8 applicant for a license shall provide the applicant's social
2-9 security number, except as provided by Subsection (h);
2-10 (2) each agency administering a contract that provides
2-11 for a payment of state funds shall request and each individual or
2-12 entity bidding on a state contract shall provide the individual's
2-13 or entity's social security number as required by Section 231.006,
2-14 Family Code; and
2-15 (3) each agency administering a state-funded grant or
2-16 loan program shall request and each applicant for a grant or loan
2-17 shall provide the applicant's social security number as required by
2-18 Section 231.006, Family Code.
2-19 (h) An application for a driver's license under Chapter 521,
2-20 Transportation Code, may be accompanied by:
2-21 (1) the applicant's social security number;
2-22 (2) an SSA L-676 letter issued by the United States
2-23 Social Security Administration stating that the applicant is
2-24 ineligible to obtain a social security number;
2-25 (3) a tax identification number issued to the
2-26 applicant by the United States Internal Revenue Service; or
2-27 (4) an affidavit of the applicant stating that the
3-1 applicant has not been issued a social security number, SSA L-676
3-2 letter, or tax identification number.
3-3 (i) An affidavit under Subsection (h)(4) must be sworn to
3-4 and subscribed by the applicant before a notary public of this
3-5 state and must read as follows:
3-6 "I, _______________, swear under penalty of perjury that I
3-7 have not been issued:
3-8 (1) a social security number or an SSA L-676 letter by
3-9 the United States Social Security Administration; or
3-10 (2) a tax identification number by the United States
3-11 Internal Revenue Service."
3-12 SECTION 3. Section 521.142(a), Transportation Code, is
3-13 amended to read as follows:
3-14 (a) An application for an original license must state the
3-15 applicant's full name and place and date of birth. This
3-16 information must be verified by presentation of valid proof of
3-17 identity from an independent verifiable source [satisfactory] to
3-18 the department. Proof of identity is sufficient if the proof
3-19 presented is:
3-20 (1) a driver's license or personal identification
3-21 certificate issued to the applicant by the department, regardless
3-22 of whether the license or certificate has expired;
3-23 (2) a valid driver's license or valid identification
3-24 document bearing a photograph of the applicant and issued to the
3-25 applicant by another state;
3-26 (3) a passport, federal identification card, voter
3-27 identification card or work permit bearing a photograph of the
4-1 applicant and issued to the applicant by another country or a
4-2 governmental agency of another country;
4-3 (4) a duplicate original birth certificate or a
4-4 certified copy of a birth certificate issued by this or another
4-5 state or by another country, if accompanied by supporting
4-6 documentation required by department rule; or
4-7 (5) any other proof of identity satisfactory to the
4-8 department.
4-9 SECTION 4. (a) This Act takes effect September 1, 2001.
4-10 (b) The change in law made by this Act applies only to an
4-11 application for a driver's license made on or after September 1,
4-12 2001.
4-13 (c) An application for a driver's license made before
4-14 September 1, 2001, is covered by the law in effect on the date of
4-15 application, and the former law is continued in effect for that
4-16 purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 396 was passed by the House on May 4,
2001, by the following vote: Yeas 109, Nays 19, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 396 on May 24, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 396 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor