1-1 By: Wise, et al. (Senate Sponsor - Gallegos) H.B. No. 396
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 10, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the requirement that an applicant for a driver's
1-9 license provide certain identification information to the
1-10 Department of Public Safety.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 231.302, Family Code, is amended by
1-13 amending Subsection (c) and adding Subsections (h) and (i) to read
1-14 as follows:
1-15 (c) To assist in the administration of laws relating to
1-16 child support enforcement under Parts A and D of Title IV of the
1-17 federal Social Security Act (42 U.S.C. Sections 601-617 and
1-18 651-669):
1-19 (1) each licensing authority shall request and each
1-20 applicant for a license shall provide the applicant's social
1-21 security number, except as provided by Subsection (h);
1-22 (2) each agency administering a contract that provides
1-23 for a payment of state funds shall request and each individual or
1-24 entity bidding on a state contract shall provide the individual's
1-25 or entity's social security number as required by Section 231.006,
1-26 Family Code; and
1-27 (3) each agency administering a state-funded grant or
1-28 loan program shall request and each applicant for a grant or loan
1-29 shall provide the applicant's social security number as required by
1-30 Section 231.006, Family Code.
1-31 (h) An application for a driver's license under Chapter 521,
1-32 Transportation Code, may be accompanied by:
1-33 (1) the applicant's social security number;
1-34 (2) an SSA L-676 letter issued by the United States
1-35 Social Security Administration stating that the applicant is
1-36 ineligible to obtain a social security number;
1-37 (3) a temporary identification number issued to the
1-38 applicant by the United States Internal Revenue Service; or
1-39 (4) an affidavit of the applicant stating that the
1-40 applicant has not been issued a social security number, SSA L-676
1-41 letter, or temporary identification number.
1-42 (i) An affidavit under Subsection (h)(4) must be sworn to
1-43 and subscribed by the applicant before a notary public of this
1-44 state and must read as follows:
1-45 "I, _______________, swear under penalty of perjury that I
1-46 have not been issued:
1-47 (1) a social security number or an SSA L-676 letter by
1-48 the United States Social Security Administration; or
1-49 (2) a temporary identification number by the United
1-50 States Internal Revenue Service."
1-51 SECTION 2. Section 521.142(a), Transportation Code, is
1-52 amended to read as follows:
1-53 (a) An application for an original license must state the
1-54 applicant's full name and place and date of birth. This
1-55 information must be verified by presentation of proof of identity
1-56 [satisfactory] to the department. Proof of identity is sufficient
1-57 if the proof presented is:
1-58 (1) a driver's license or personal identification
1-59 certificate issued to the applicant by the department, regardless
1-60 of whether the license or certificate has expired;
1-61 (2) a valid driver's license or valid identification
1-62 document bearing a photograph of the applicant and issued to the
1-63 applicant by another state;
1-64 (3) a passport or identity card bearing a photograph
1-65 of the applicant and issued to the applicant by another country or
2-1 a governmental agency of another country, regardless of whether the
2-2 passport or identity card has expired;
2-3 (4) a duplicate original birth certificate or a
2-4 certified copy of a birth certificate issued by this or another
2-5 state or by another country, if accompanied by supporting
2-6 documentation required by department rule and, if the birth
2-7 certificate is in a language other than English, by a translation
2-8 of the birth certificate that is notarized by a notary public of
2-9 this or another state; or
2-10 (5) any other proof of identity satisfactory to the
2-11 department.
2-12 SECTION 3. (a) This Act takes effect September 1, 2001.
2-13 (b) The change in law made by this Act applies only to an
2-14 application for a driver's license made on or after September 1,
2-15 2001.
2-16 (c) An application for a driver's license made before
2-17 September 1, 2001, is covered by the law in effect on the date of
2-18 application, and the former law is continued in effect for that
2-19 purpose.
2-20 * * * * *