By Wise, Chavez, Keel, Garcia                          H.B. No. 396
         77R2622 JD-D                           
                                A BILL TO BE ENTITLED
 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.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 231.302, Family Code, is amended by
 1-7     amending Subsection (c) and adding Subsections (h) and (i) to read
 1-8     as follows:
 1-9           (c)  To assist in the administration of laws relating to
1-10     child support enforcement under Parts A and D of Title IV of the
1-11     federal Social Security Act (42 U.S.C. Sections 601-617 and
1-12     651-669):
1-13                 (1)  each licensing authority shall request and each
1-14     applicant for a license shall provide the applicant's social
1-15     security number, except as provided by Subsection (h);
1-16                 (2)  each agency administering a contract that provides
1-17     for a payment of state funds shall request and each individual or
1-18     entity bidding on a state contract shall provide the individual's
1-19     or entity's social security number as required by Section 231.006,
1-20     Family Code; and
1-21                 (3)  each agency administering a state-funded grant or
1-22     loan program shall request and each applicant for a grant or loan
1-23     shall provide the applicant's social security number as required by
1-24     Section 231.006, Family Code.
 2-1           (h)  An application for a driver's license under Chapter 521,
 2-2     Transportation Code, may be accompanied by:
 2-3                 (1)  the applicant's social security number;
 2-4                 (2)  an SSA L-676 letter issued by the United States
 2-5     Social Security Administration stating that the applicant is
 2-6     ineligible to obtain a social security number;
 2-7                 (3)  a temporary identification number issued to the
 2-8     applicant by the United States Internal Revenue Service; or
 2-9                 (4)  an affidavit of the applicant stating that the
2-10     applicant has not been issued a social security number, SSA L-676
2-11     letter, or temporary identification number.
2-12           (i)  An affidavit under Subsection (h)(4) must be sworn to
2-13     and subscribed by the applicant before a notary public of this
2-14     state and must read as follows:
2-15           "I, _______________, swear under penalty of perjury that I
2-16     have not been issued:
2-17                 (1)  a social security number or an SSA L-676 letter by
2-18     the United States Social Security Administration; or
2-19                 (2)  a temporary identification number by the United
2-20     States Internal Revenue Service."
2-21           SECTION 2. Section 521.142(a), Transportation Code, is
2-22     amended to read as follows:
2-23           (a)  An application for an original license must state the
2-24     applicant's full name and place and date of birth.  This
2-25     information must be verified by presentation of proof of identity
2-26     [satisfactory] to the department.  Proof of identity is sufficient
2-27     if the proof presented is:
 3-1                 (1)  a driver's license or personal identification
 3-2     certificate issued to the applicant by the department, regardless
 3-3     of whether the license or certificate has expired;
 3-4                 (2)  a valid driver's license or valid identification
 3-5     document bearing a photograph of the applicant and issued to the
 3-6     applicant by another state;
 3-7                 (3)  a passport or identity card bearing a photograph
 3-8     of the applicant and issued to the applicant by another country or
 3-9     a governmental agency of another country, regardless of whether the
3-10     passport or identity card has expired;
3-11                 (4)  a duplicate original birth certificate or a
3-12     certified copy of a birth certificate issued by this or another
3-13     state or by another country, if accompanied by supporting
3-14     documentation required by department rule and, if the birth
3-15     certificate is in a language other than English, by a translation
3-16     of the birth certificate that is notarized by a notary public of
3-17     this or another state; or
3-18                 (5)  any other proof of identity satisfactory to the
3-19     department.
3-20           SECTION 3. (a)  This Act takes effect September 1, 2001.
3-21           (b)  The change in law made by this Act applies only to an
3-22     application for a driver's license made on or after September 1,
3-23     2001.
3-24           (c)  An application for a driver's license made before
3-25     September 1, 2001, is covered by the law in effect on the date of
3-26     application, and the former law is continued in effect for that
3-27     purpose.