Amend CSSB 11 by adding the following appropriately numbered
ARTICLE to the bill and renumbering subsequent ARTICLES and
SECTIONS of the bill accordingly:
ARTICLE ____. ENHANCED DRIVER'S LICENSE OR PERSONAL
IDENTIFICATION CERTIFICATE
SECTION ____.01. Subchapter B, Chapter 521, Transportation
Code, is amended by adding Section 521.032 to read as follows:
Sec. 521.032. ENHANCED DRIVER'S LICENSE OR PERSONAL
IDENTIFICATION CERTIFICATE. (a) The department may issue an
enhanced driver's license or personal identification certificate
for the purposes of crossing the border between this state and
Mexico to an applicant who provides the department with proof of
United States citizenship, identity, and state residency. If the
department issues an enhanced driver's license or personal
identification certificate, the department shall continue to issue
a standard driver's license and personal identification
certificate and offer each applicant the option of receiving the
standard or enhanced driver's license or personal identification
certificate.
(b) The department shall implement a one-to-many biometric
matching system for the enhanced driver's license or personal
identification certificate. An applicant for an enhanced driver's
license or personal identification certificate must submit a
biometric identifier as designated by the department, which,
notwithstanding any other law, may be used only to verify the
identity of the applicant for purposes relating to implementation
of the border crossing initiative established by this section. An
applicant must sign a declaration acknowledging the applicant's
understanding of the one-to-many biometric match.
(c) The enhanced driver's license or personal
identification certificate must include reasonable security
measures to protect the privacy of the license or certificate
holders, including reasonable safeguards to protect against the
unauthorized disclosure of information about the holders. If the
enhanced driver's license or personal identification certificate
includes a radio frequency identification chip or similar
technology, the department shall ensure that the technology is
encrypted or otherwise secure from unauthorized information
access.
(d) The requirements of this section are in addition to any
other requirements imposed on applicants for a driver's license or
personal identification certificate. The department shall adopt
rules necessary to implement this section. The department shall
periodically review technological innovations related to the
security of driver's licenses and personal identification
certificates and amend the rules as appropriate, consistent with
this section, to protect the privacy of driver's license and
personal identification certificate holders.
(e) The department may set a fee for issuance of an enhanced
driver's license or personal identification certificate in a
reasonable amount necessary to implement and administer this
section.
(f) The department may enter into a memorandum of
understanding with any federal agency for the purposes of
facilitating the crossing of the border between this state and
Mexico. The department may enter into an agreement with Mexico, to
the extent permitted by federal law, to implement a border crossing
initiative authorized by this section. The department shall
implement a statewide education campaign to educate residents of
this state about the border crossing initiative. The campaign must
include information on:
(1) the forms of travel for which the existing and
enhanced driver's license and personal identification certificate
can be used; and
(2) relevant dates for implementation of laws that
affect identification requirements at the border with Mexico.
(g) A person may not sell or otherwise disclose biometric
information accessed from an enhanced driver's license or any
information from an enhanced driver's license radio frequency
identification chip or similar technology to another person or an
affiliate of the person. This subsection does not apply to a
financial institution described by Section 521.126(e).