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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of driver's licenses and personal |
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identification certificates by the Department of Public Safety of |
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the State of Texas, including enforcement measures against |
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fictitious or fraudulently obtained licenses or certificates; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.029, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE |
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RESIDENTS. (a) A person who enters this state as a new resident |
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may operate a motor vehicle in this state for no more than 90 [30] |
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days after the date on which the person enters this state if the |
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person: |
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(1) is 16 years of age or older; and |
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(2) has in the person's possession a driver's license |
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issued to the person by the person's state or country of previous |
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residence. |
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(b) If a person subject to this section is prosecuted for |
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operating a motor vehicle without a driver's license, the |
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prosecution alleges that the person has resided in this state for |
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more than 90 [30] days, and the person claims to have been covered |
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by Subsection (a), the person must prove by the preponderance of the |
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evidence that the person has not resided in this state for more than |
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90 [30] days. |
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SECTION 2. Subchapter C, Chapter 521, Transportation Code, |
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is amended by adding Section 521.060 to read as follows: |
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Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The |
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department by rule shall establish a system for identifying unique |
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addresses that are submitted in license or certificate applications |
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under this chapter or Chapter 522 in a frequency or number that, in |
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the department's determination, casts doubt on whether the |
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addresses are the actual addresses where the applicants reside. |
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(b) The department may contract with a third-party personal |
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data verification service to assist the department in implementing |
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this section. |
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(c) The department shall investigate the validity of |
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addresses identified under Subsection (a). |
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(d) The department may disclose the results of an |
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investigation under Subsection (c) to a criminal justice agency for |
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the purposes of enforcing Section 521.4565 or other provisions of |
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this chapter or Chapter 522. |
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(e) In this section, "criminal justice agency" has the |
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meaning assigned by Article 60.01, Code of Criminal Procedure. |
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SECTION 3. Section 521.101, Transportation Code, is amended |
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by adding Subsection (j) to read as follows: |
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(j) The department may not issue a personal identification |
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certificate to a person who has not established a domicile in this |
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state. |
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SECTION 4. Subchapter G, Chapter 521, Transportation Code, |
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is amended by adding Sections 521.1426 and 521.1427 to read as |
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follows: |
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Sec. 521.1426. DOMICILE REQUIREMENT; VERIFICATION. |
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(a) The department may not issue a driver's license or a personal |
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identification certificate to a person who has not established a |
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domicile in this state. |
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(b) The department shall adopt rules for determining |
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whether a domicile has been established, including rules |
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prescribing the types of documentation the department may require |
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from the applicant to verify the validity of the claimed domicile. |
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(c) The department may contract with a third-party personal |
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data verification service to assist the department in verifying a |
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claim of domicile, including whether the physical address provided |
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by the applicant is the applicant's actual residence. |
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Sec. 521.1427. POST OFFICE BOX NOT VALID AS ADDRESS. |
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(a) In this section, "post office box address" means a United |
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States Postal Service post office box address or a private mailbox |
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address. |
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(b) Unless an exception exists under state or federal law, |
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an applicant may receive delivery of a license or a personal |
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identification certificate at a post office box address only if the |
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applicant has provided the department the physical address where |
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the applicant resides. |
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(c) The department may require the applicant to provide |
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documentation that the department determines necessary to verify |
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the validity of the physical address provided under Subsection (b). |
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(d) The department may contract with a third-party personal |
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data verification service to assist the department in verifying |
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whether the physical address provided by the applicant is the |
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applicant's actual residence. |
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SECTION 5. Subchapter C, Chapter 522, Transportation Code, |
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is amended by adding Sections 522.0225 and 522.0226 to read as |
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follows: |
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Sec. 522.0225. VERIFICATION OF DOMICILE. (a) The |
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department shall adopt rules for determining whether a domicile has |
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been established under Section 522.022, including rules |
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prescribing the types of documentation the department may require |
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from the applicant to determine the validity of the claimed |
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domicile. |
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(b) The department may contract with a third-party personal |
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data verification service to assist the department in verifying a |
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claim of domicile, including whether the physical address provided |
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by the applicant is the applicant's actual residence. |
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Sec. 522.0226. POST OFFICE BOX NOT VALID AS ADDRESS. |
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(a) In this section, "post office box address" means a United |
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States Postal Service post office box address or a private mailbox |
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address. |
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(b) Unless an exception exists under state or federal law, |
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an applicant may receive delivery of a commercial driver's license |
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at a post office box address only if the applicant has provided the |
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department the physical address where the applicant resides. |
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(c) The department may require the applicant to provide |
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documentation that the department determines necessary to verify |
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the validity of the physical address provided under Subsection (b). |
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(d) The department may contract with a third-party personal |
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data verification service to assist the department in verifying |
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whether the physical address provided by the applicant is the |
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applicant's actual residence. |
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SECTION 6. Subchapter S, Chapter 521, Transportation Code, |
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is amended by adding Section 521.4565 to read as follows: |
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Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT |
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LICENSE OR CERTIFICATE. (a) In this section: |
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(1) "Combination," "conspires to commit," "profits," |
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and "criminal street gang" have the meanings assigned by Section |
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71.01, Penal Code. |
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(2) "Conspires to manufacture or produce" means that: |
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(A) a person agrees with one or more other |
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persons to engage in the manufacture or production of a forged or |
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counterfeit instrument; and |
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(B) the person and one or more of the other |
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persons perform an overt act in pursuance of the agreement. |
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(3) "Instrument" means a driver's license, commercial |
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driver's license, or personal identification certificate. |
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(4) "Public servant" has the meaning assigned by |
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Section 1.07, Penal Code. |
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(b) A person commits an offense if the person establishes, |
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maintains, or participates in or conspires to establish, maintain, |
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or participate in a combination or criminal street gang, or |
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participates in the profits of a combination or criminal street |
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gang, with the intent to manufacture or produce a forged or |
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counterfeit instrument for the purpose of selling, distributing, or |
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delivering such instrument. An agreement constituting conspiring |
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to manufacture or produce may be inferred from the acts of the |
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parties. |
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(c) An offense under this section is a state jail felony, |
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except that an offense committed by a public servant is a felony of |
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the third degree. |
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SECTION 7. The Department of Public Safety of the State of |
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Texas shall adopt rules required by the amendments of this Act to |
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Chapters 521 and 522, Transportation Code, as soon as practicable |
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after the effective date of this Act. |
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SECTION 8. 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, 2009. |
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