81R7193 JD-D

By: Zaffirini S.B. No. 2261

A BILL TO BE ENTITLED

AN ACT

relating to the proof of identity and residency required of an applicant for a driver's license or personal identification certificate.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 521.142(a), Transportation Code, is amended to read as follows:

(a) An application for an original license must state the applicant's full name and place and date of birth. This information must be verified by presentation of proof of identity satisfactory to the department. [The department must accept as satisfactory proof of identity under this subsection an offender identification card or similar form of identification issued to an inmate by the Texas Department of Criminal Justice.]

SECTION 2. Subchapter G, Chapter 521, Transportation Code, is amended by adding Section 521.1421 to read as follows:

Sec. 521.1421. EVIDENCE OF IDENTITY AND RESIDENCY. (a) Except as provided by Subsection (f), an applicant for an original, duplicate, or renewal license or an original, duplicate, or renewal personal identification certificate must provide the department with:

(1) one piece of primary identification;

(2) two pieces of secondary identification, one of which provides evidence of the applicant's identity and one of which provides evidence of the applicant's current residence address in this state; or

(3) if the applicant's identity and current residence address in this state cannot be established by the identification provided under Subdivision (1) or (2), or both, one piece of secondary identification that provides evidence of the applicant's identity or the applicant's current residence address in this state and two pieces of supporting identification that provide evidence of the applicant's identity and residence address.

(b) If the document contains the applicant's full name and date of birth, the department shall accept the following as primary identification under Subsection (a)(1):

(1) an unexpired driver's license or personal identification certificate issued by the department that bears a photograph of the applicant;

(2) an unexpired United States passport;

(3) a United States citizenship or naturalization certificate that bears a photograph of the applicant;

(4) an unexpired United States Bureau of Citizenship and Immigration Services document that bears a photograph of the applicant;

(5) an unexpired United States military identification card that bears a photograph of the applicant;

(6) a passport issued by a foreign country, accompanied by a visa issued by the United States Department of State with an unexpired I-94 marked valid for a fixed duration; or

(7) a passport issued by a foreign country, accompanied by a visa issued by the United States Department of State with an I-94 marked valid for the duration of stay and appropriate documentation.

(c) The department shall accept the following as secondary identification under Subsection (a)(2) or (3), if the name of the applicant is shown:

(1) an unexpired driver's license or identification card or certificate issued by another state or territory of the United States, the District of Columbia, or a province of Canada that bears a photograph of the applicant;

(2) an original or certified copy of a court order from a court in this or another state of the United States that shows the name and date of birth of the applicant and indicates that the court authorized or required a change in the official recordation of the applicant's name, gender, or both;

(3) school records, including a student identification card issued by a public, private, or parochial school, college, or university;

(4) United States military records;

(5) an unexpired United States military dependant identification card;

(6) an original or certified copy of a marriage license or divorce decree;

(7) a voter registration card;

(8) a driver's license temporary receipt issued by the department;

(9) a motor vehicle liability insurance policy covering a vehicle that satisfies Subchapter D, Chapter 601, and was issued within the preceding six months, or a photocopy of the policy; or

(10) a receipt for the payment of ad valorem taxes imposed on residential property in this state that lists the applicant as the owner or a joint owner of the property and includes the street address of the property.

(d) The department shall accept the following as supporting identification under Subsection (a)(3) if the name of the applicant is shown:

(1) an insurance policy that has been in effect for at least two years, or a photocopy of the policy;

(2) a social security card;

(3) a pilot's license issued by the Federal Aviation Administration;

(4) a license to carry a concealed handgun issued by the department;

(5) an original or certified copy of a birth certificate issued by an agency of another state or territory of the United States, the District of Columbia, or a province of Canada;

(6) an original or certified copy of a Consular Report of Birth Abroad of a Citizen of the United States;

(7) a driver's license or identification certificate or card issued by another state or a territory of the United States, the District of Columbia, or a province of Canada that expired within the preceding two years;

(8) a consular document issued by a state or national government;

(9) an offender identification card or similar form of identification issued to an inmate by the Texas Department of Criminal Justice;

(10) a utility bill for water, sewer, electricity, gas, telephone, or cable service that was issued in the preceding 60 days and bears the applicant's street address in this state;

(11) an unexpired credit card or debit card that bears a photograph of the applicant;

(12) a monthly statement issued in the preceding 60 days by a bank, credit union, or other financial institution that bears the applicant's street address in this state;

(13) immunization records; or

(14) one or more expired documents issued by a state, territory, district, province, or government that would qualify as a form of primary or secondary identification if unexpired.

(e) The department may determine that a document that is not included in Subsection (a), (b), or (c) may be accepted as evidence of an applicant's identity or residency in this state. The department may not require an applicant to provide a document that is not included in those subsections.

(f) The department shall accept an unexpired license or personal identification certificate issued to the applicant by the department as sufficient proof of the identity and residency of an applicant for a renewal or duplicate license or personal identification certificate and may not require the applicant to provide additional information to establish identity or residency.

(g) To the extent of a conflict between this section and another provision of this chapter, this section controls.

SECTION 3. The changes in law made by this Act apply only to an application for a driver's license or personal identification certificate that is filed on or after the effective date of this Act. An application for a driver's license or personal identification certificate that was filed before the effective date of this Act is subject to the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2009.