AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Members of transnational gangs and Mexican cartels seek to obtain Texas driver's licenses through fraud or corruption to better enable them to conduct criminal operations and avoid detection by law enforcement.  Many seek multiple driver's licenses under different names and will pay as much as $10,000 for just one license.  Currently, the Department of Public Safety of the State of Texas (DPS) is not authorized to use electronically captured fingerprints to ensure the applicant does not already have an existing driver's license in another name, confirm the identity of the applicant, and determine whether the applicant is wanted for a crime.  This capability could also be used to eliminate costly fraud in government programs.

 

This bill would authorize DPS to use electronically captured fingerprints to confirm the identity of a driver's license applicant, determine whether the applicant is a fugitive, and eliminate the ability of gang and cartel members to use fictitious documents to obtain multiple licenses.  

 

As proposed, S.B. 1699 amends current law relating to authorizing the use of an image verification system to determine whether an applicant for a driver's license or personal identification certificate is a fugitive from justice.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 521.059(b), Transportation Code, as follows:

 

(b) Requires the Department of Public Safety of the State of Texas to authenticate the facial image and thumbprints or fingerprints provided by an applicant for a personal identification certificate, driver's license, or commercial driver's license or permit using image comparison technology to ensure that the applicant:

 

(1) Makes no changes to this subdivision;

 

(2) and (3) Makes nonsubstantive changes to these subdivisions; and

 

(4) is not a fugitive from justice, as defined by Section 38.01 (Definitions), Penal Code.

 

SECTION 2.  Effective date: September 1, 2011.