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A BILL TO BE ENTITLED
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AN ACT
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relating to the fee for a personal identification certificate for a |
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homeless individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter R, Chapter 521, Transportation Code, |
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is amended by adding Section 521.4265 to read as follows: |
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Sec. 521.4265. EXEMPTION FOR A HOMELESS INDIVIDUAL. |
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(a) In this section, "homeless individual": |
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(1) means an individual who: |
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(A) lacks a fixed, regular, and adequate |
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nighttime residence; or |
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(B) has a primary nighttime residence that is: |
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(i) a supervised publicly or privately |
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operated shelter designed to provide temporary living |
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accommodations, including welfare hotels, congregate shelters, and |
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transitional housing for the mentally ill; |
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(ii) an institution that provides a |
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temporary residence for individuals intended to be |
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institutionalized; or |
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(iii) a public or private place not |
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designed for, or ordinarily used as, a regular sleeping |
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accommodation for human beings; and |
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(2) does not include an individual who is imprisoned |
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or otherwise detained in a correctional facility. |
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(b) Except as provided by Subsections (e) and (g), a |
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homeless individual is entitled to an exemption from the payment of |
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fees under this chapter for the issuance of a personal |
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identification certificate. |
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(c) For the purposes of this section, a person's status as a |
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homeless individual may be verified by an affidavit from: |
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(1) an employee of an organization that receives |
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funding from the federal government, this state, or a county or |
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municipality to provide services to homeless individuals; |
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(2) an employee of a faith-based organization that |
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provides services to homeless individuals; |
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(3) an attorney licensed to practice law in this |
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state; or |
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(4) a public school homeless liaison, public school |
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counselor, or public school social worker. |
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(d) A person may not charge a fee for the affidavit |
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described by Subsection (c). |
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(e) Subsection (b) does not apply to a person subject to the |
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registration requirements of Chapter 62, Code of Criminal |
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Procedure. |
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(f) A homeless individual may receive only one exemption. |
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(g) For each exemption granted under this section the |
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department shall deposit to the credit of the Texas mobility fund |
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the amount of the waived fee that would otherwise be deposited to |
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that account. The department: |
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(1) shall establish a separate account for the purpose |
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of administering this subsection; |
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(2) may accept grants and donations to meet the |
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requirements of this subsection; and |
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(3) may not grant an exemption under this section if |
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money is not available in the account to meet the requirements of |
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this subsection. |
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SECTION 2. This Act takes effect September 1, 2011. |