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A BILL TO BE ENTITLED
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AN ACT
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relating to a border crossing initiative and issuance of an |
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enhanced driver's license or personal identification certificate |
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by the Department of Public Safety of the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 521, Transportation Code, |
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is amended by adding Section 521.032 to read as follows: |
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Sec. 521.032. ENHANCED DRIVER'S LICENSE OR PERSONAL |
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IDENTIFICATION CERTIFICATE. (a) The department may issue an |
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enhanced driver's license or personal identification certificate |
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for the purposes of crossing the border between this state and |
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Mexico to an applicant who provides the department with proof of |
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United States citizenship, identity, and state residency. If the |
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department issues an enhanced driver's license or personal |
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identification certificate, the department shall continue to issue |
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a standard driver's license and personal identification |
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certificate and offer each applicant the option of receiving the |
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standard or enhanced driver's license or personal identification |
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certificate. |
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(b) The department shall implement a one-to-many biometric |
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matching system for the enhanced driver's license or personal |
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identification certificate. An applicant for an enhanced driver's |
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license or personal identification certificate must submit a |
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biometric identifier as designated by the department, which, |
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notwithstanding any other law, may be used only to verify the |
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identity of the applicant for purposes relating to implementation |
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of the border crossing initiative established by this section. An |
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applicant must sign a declaration acknowledging the applicant's |
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understanding of the one-to-many biometric match. |
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(c) The enhanced driver's license or personal |
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identification certificate must include reasonable security |
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measures to protect the privacy of the license or certificate |
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holders, including reasonable safeguards to protect against the |
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unauthorized disclosure of information about the holders. If the |
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enhanced driver's license or personal identification certificate |
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includes a radio frequency identification chip or similar |
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technology, the department shall ensure that the technology is |
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encrypted or otherwise secure from unauthorized information |
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access. |
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(d) The requirements of this section are in addition to any |
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other requirements imposed on applicants for a driver's license or |
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personal identification certificate. The department shall adopt |
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rules necessary to implement this section. The department shall |
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periodically review technological innovations related to the |
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security of driver's licenses and personal identification |
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certificates and amend the rules as appropriate, consistent with |
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this section, to protect the privacy of driver's license and |
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personal identification certificate holders. |
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(e) The department may set a fee for issuance of an enhanced |
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driver's license or personal identification certificate in a |
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reasonable amount necessary to implement and administer this |
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section. |
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(f) The department may enter into a memorandum of |
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understanding with any federal agency for the purposes of |
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facilitating the crossing of the border between this state and |
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Mexico. The department may enter into an agreement with Mexico, to |
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the extent permitted by federal law, to implement a border crossing |
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initiative authorized by this section. The department shall |
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implement a statewide education campaign to educate residents of |
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this state about the border crossing initiative. The campaign must |
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include information on: |
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(1) the forms of travel for which the existing and |
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enhanced driver's license and personal identification certificate |
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can be used; and |
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(2) relevant dates for implementation of laws that |
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affect identification requirements at the border with Mexico. |
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(g) A person may not sell or otherwise disclose biometric |
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information accessed from an enhanced driver's license or any |
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information from an enhanced driver's license radio frequency |
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identification chip or similar technology to another person or an |
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affiliate of the person. This subsection does not apply to a |
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financial institution described by Section 521.126(e). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |