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By: Ogden S.B. No. 945
A BILL TO BE ENTITLED
AN ACT
relating to the manner of issuance of, and use of information in an
application for, a driver's license or personal identification
certificate issued by the Department of Public Safety of the State
of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 521.001, Transportation
Code, is amended by adding Subdivisions (9) and (10) to read as
follows:
(9) "Biometric identification" means any automated
method of identifying a person based on a physiological
characteristic, including facial recognition, thumbprinting, and
fingerprinting.
(10) "Biometric identifier" means any physiological
characteristic used in biometric identification.
SECTION 2. The heading to Section 521.044, Transportation
Code, is amended to read as follows:
Sec. 521.044. USE OF SOCIAL SECURITY NUMBER INFORMATION
[FOR CHILD SUPPORT COLLECTION].
SECTION 3. Subsection (a), Section 521.044, Transportation
Code, is amended to read as follows:
(a) Information provided on a driver's license application
that relates to the applicant's social security number may be used
only by the department or disclosed only to:
(1) the child support enforcement division of the
attorney general's office;
(2) another state entity responsible for enforcing the
payment of child support; [or]
(3) the United States Selective Service System as
provided by Section 521.147;
(4) the secretary of state for jury wheel or voter
registration purposes; or
(5) a law enforcement or criminal justice agency for
investigative purposes.
SECTION 4. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.058 to read as follows:
Sec. 521.058. IDENTITY AUTHENTICATION SYSTEM. (a) The
department shall establish an identification system using
biometric identification based on any biometric identifier of an
applicant that is collected by the department.
(b) The department shall authenticate the biometric
identifier provided by an applicant for a personal identification
certificate, driver's license, or commercial driver's license or
permit to ensure that the applicant:
(1) is issued only one original license, permit, or
certificate;
(2) does not fraudulently obtain a duplicate license,
permit, or certificate; and
(3) does not commit other fraud in connection with the
application for a license, permit, or certificate.
SECTION 5. Subsection (d), Section 521.101, Transportation
Code, is amended to read as follows:
(d) The department may require each applicant for an
original, renewal, or duplicate personal identification
certificate to furnish to the department the information required
by Section 521.142, except the department may not require the
applicant to provide the applicant's social security number.
SECTION 6. Subsection (b), Section 521.142, Transportation
Code, is amended to read as follows:
(b) The application must include:
(1) any biometric identifier specified by the
department [the thumbprints of the applicant or, if thumbprints
cannot be taken, the index fingerprints of the applicant]; [and]
(2) a brief description of the applicant; and
(3) the applicant's social security number.
SECTION 7. Section 521.421, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsections (i) and
(j) to read as follows:
(a) The fee for issuance or renewal of a license not
otherwise provided for by this section is $30 [$24].
(b) An applicant applying for issuance of a Class M license
or additional authorization to operate a motorcycle shall pay an
additional $15 fee for the required application. The fee for
renewal of a Class M license or for renewal of a license that
includes authorization to operate a motorcycle is $38 [$32].
(i) Before September 1, 2005, the department shall deposit
$6 of each fee collected under Subsections (a) and (b) to the credit
of a separate account in the general revenue fund. Money in that
account must be appropriated to the department only to support the
department's reengineering of the driver's license system.
(j) After August 31, 2005, the department shall deposit $2
of each fee collected under Subsections (a) and (b) to the credit of
a separate account in the general revenue fund. Money in that
account must be appropriated to the department only to replace,
maintain, or support the driver's license system.
SECTION 8. Subsection (c), Section 522.021, Transportation
Code, is amended to read as follows:
(c) The application must meet the requirements of an
application under Sections [Section] 521.141 and 521.142 and must
be accompanied by the fee required under Section 522.029. The
department may require documentary evidence to verify the
information required by Subsection (a).
SECTION 9. Section 730.010, Transportation Code, is amended
to read as follows:
Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES
PROHIBITED. Notwithstanding any other provision of this chapter,
if an agency obtains an image of an individual's thumb or finger in
connection with the issuance of a license, permit, or certificate
to the individual, the agency may:
(1) use the image to authenticate identity [only in
connection with the issuance of the license, permit, or
certificate]; and
(2) disclose the image only if disclosure is expressly
authorized by law.
SECTION 10. Subsection (f), Section 521.421,
Transportation Code, as added by Chapter 1156, Acts of the 75th
Legislature, Regular Session, 1997, and Subsection (f), Section
521.421, Transportation Code, as added by Chapter 1372, Acts of the
75th Legislature, Regular Session, 1997, are repealed.
SECTION 11. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act to Section 521.421,
Transportation Code, applies only to the fee for the issuance or
renewal of a driver's license that is applied for on or after
September 1, 2003.
(c) A driver's license or renewal of a driver's license
applied for before September 1, 2003, is covered by the law in
effect on the date the application for the driver's license or
renewal was made, and the former law is continued in effect for that
purpose.