| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to abating or deferring the suspension or revocation of a |
|
|
license issued by the Department of Public Safety for victims of |
|
|
identity theft. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.0206 to read as follows: |
|
|
Sec. 411.0206. ABATEMENT OR DEFERRAL FOR VICTIMS OF |
|
|
IDENTITY THEFT. (a) In this section: |
|
|
(1) "License" means a license, certificate, permit, or |
|
|
other authorization issued by the department. |
|
|
(2) "Victim of identity theft" means an individual who |
|
|
has filed a criminal complaint alleging the commission of an |
|
|
offense under Section 32.51, Penal Code, other than a person who is |
|
|
convicted of an offense under Section 37.08, Penal Code, with |
|
|
respect to that complaint. |
|
|
(b) The department may abate or defer a mandatory suspension |
|
|
or revocation of a license if the license holder presents evidence |
|
|
acceptable to the department that: |
|
|
(1) the license holder is the victim of identity |
|
|
theft; and |
|
|
(2) the person against whom a criminal complaint |
|
|
alleging the commission of an offense under Section 32.51, Penal |
|
|
Code, has been filed, and not the license holder, engaged in the act |
|
|
or omission that mandates the suspension or revocation. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |