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.
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