By: Gonzales H.B. No. 3199

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of driver's licenses and personal identification certificates, including the use of electronically readable information; authorizing a fee.

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

SECTION 1. Section 521, Transportation Code, is amended by adding Section 521.033 to read as follows:

Sec. 521.033. SECURE DRIVERS LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) The department shall issue a secure driver's license or personal identification certificate for the purpose of verifying:

(1) the on-site identity and credentials of first responders and other emergency personnel, as determined by the department;

(2) the identity of an applicant for the provision of state and federal government program benefits; and

(3) the identity of the holder when using the secure electronic features of the document, as determined by the department.

(b) A secure driver's license and personal identification certificate must incorporate an integrated circuit chip and comply with ISO/IEC 1803-2:2008 or a successor standard.

(c) The department shall continue to issue a standard driver's license and personal identification certificate and offer each applicant the option of receiving:

(1) a standard driver's license or personal identification certificate;

(2) an enhanced driver's license or personal identification certificate;

(3) a secure driver's license or personal identification certificate.

(d) The department shall implement a one-to-one and one-to-many biometric matching system for the secure driver's license or personal identification certificate. An applicant for a secure driver's license or personal identification certificate must submit a biometric identifier as designated by the department.

(e) An applicant for a secure driver's license or personal identification certificate must sign a declaration acknowledging the applicant's understanding of the one-to-many biometric match.

(f) The secure driver's license or personal identification certificate must include security measures to protect the privacy of the license or certificate holders, including reasonable safeguards to protect against the unauthorized disclosure of information about the holders. The secure driver's license or personal identification certificate must conform with interoperability standards and be Common Criteria Level 4+ certified by an accredited lab or a successor standard. If the secure driver's license or personal identification certificate includes an integrated circuit chip, the department shall ensure that the data stored in the chip is encrypted or otherwise secure from unauthorized information access.

(g) A secure driver's license or personal identification certificate must include;

(1) card body construction conforming to ISO 7810 or an updated standard and be constructed with a substrate to ensure a life expectancy of not less than six years;

(2) a security overlay applied to protect personalized information printed on the card if the information is applied to the card using dye sublimation, ink jet, or thermal retransfer;

(3) a single secure microchip that:

(A) contains a minimum of 128kb of non-volatile memory supporting dual-interface technology conforming to ISO 7816 and ISO 14443 standards;

(B) conforms to the General Services Administration's Approved Product List (APL) certified FIPS 201 Personal Identity Verification application, and updates to that list;

(4) the use of cryptographic services compliant with FIPS140-2 Certified to Level 3, and updates to that standard; and

(5) the use of lifecycle management operations that conform to Global Platform V2.2.2, and updates to that standard, and support not fewer than four security domains.

(h) The requirements of this section are in addition to any other requirements imposed on applicants for a driver's license or personal identification certificate. The department shall adopt rules necessary to implement this section. The department shall periodically review technological innovations related to the security of driver's license and personal identification certificates and amend the rules as appropriate, consistent with this section, to protect the privacy of driver's license and personal identification certificate holders.

(i) The department may set a fee for issuance of a secure driver's license or personal identification certificate in a reasonable amount necessary to implement and administer this section.

(j) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the use of the secure electronic features of the secure driver's license or personal identification certificate.

(k) A person may not sell or otherwise disclose information accessed from a secure driver's license or personal identification certificate to another person or an affiliate of the person. This subsection does not apply to a financial institution described by Section 521.126(e).

(l) The department shall create a task force to develop a plan for the implementation of this section consistent with the following;

(1) The task force shall seek input from other state agencies, legislative members and industry.

(2) The Task force shall begin planning operations no later than September 1, 2013 and issue a final implementation plan by September 1, 2014.

(m) The Department shall begin to issue a secure driver's license as described by this Chapter no later than June 1, 2015.

SECTION 2. Section 521.052, Transportation Code, is amended to read as follows:

Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION PROHIBITED. Except as provided by Sections 521.033, 521.045, 521.046, 521.0475, 521.049(c), 521.050, and by Chapter 730, the department may not disclose information from the department's files that relates to personal information, as that term is defined by Section 730.003.

SECTION 3. Section 521.055(a), (b) and (c), Transportation Code, are amended to read as follows:

(a) The department may establish a system, separate from the department's mainframe computer, that will allow interactive access to certain driver's license record information or verification of identity and other information under Section 521.033.

(b) The system may provide for the release of driving records described in:

(1) Section 521.033;

(2) Section 521.045;

(3) [(3)] Section 521.046;

(4) [(3)] Section 521.047; and

(5) [(4)] Section 521.0475.

(c) The department may set a fee for accessing information under Subsection (b)(1). The fee for a driving record under Subsection (b)(2) [(b)(1)] is $2.50. The fee for a driving record under Subsection (b)(3) [(b)(2)] is $4.50. The fee for a driving record under Subsection (b)(4) [(b)(3)] is $5.50. The fee for a driving record under Subsection (b)(5) [(b)(4)] is $20.

SECTION 4. Section 521.121(a), Transportation Code, is amended to read as follows:

Sec. 521.121. GENERAL INFORMATION ON DRIVER'S LICENSE.

(a) The driver's license must include:

(1) a distinguishing number assigned by the department to the license holder;

(2) a [color] photograph or image of the entire face of the holder that complies with the personal identification standards developed by the American Association of Motor Vehicle Administrators;

(3) the [full] name and date of birth of the holder;

(4) a brief description of the holder; and

(5) the license holder's residence address or, for a license holder using the procedure under Subsection (c), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or state judge.

SECTION 5. The heading to Section 521.1211, Transportation Code, is amended as follows:

Sec. 521.1211. DRIVER'S LICENSE FOR PEACE OFFICERS AND FIRST RESPONDERS [OFFICER].

SECTION 6. Section 521.1211, Transportation Code, is amended to read as follows:

(a) In this section:

(1) "Peace [, "peace] officer" has the meaning assigned by Article 2.12, Code of Criminal Procedure.

(2) "First responder" has the meaning assigned by Section 421.095, Government Code.

(b) Notwithstanding Section 521.121(a), the department by rule shall adopt procedures for the issuance of a driver's license to a peace officer that omits the license holder's actual residence address and includes, as an alternative, an address that is in the municipality or county of the peace officer's residence and is acceptable to the department.

(c) To be issued a driver's license under this section, a peace officer must apply to the department and provide sufficient evidence acceptable to the department to establish the applicant's status as a peace officer. On issuance of the license, the license holder shall surrender any other driver's license issued to the holder by the department.

(d) If the holder of a driver's license that includes an alternative address moves to a new residence or if the name of the person is changed by marriage or otherwise, the license holder shall, not later than the 30th day after the date of the address or name change, notify the department and provide the department with the number of the person's driver's license and, as applicable, the person's:

(1) former and new addresses; or

(2) former and new names.

(e) If the holder of a driver's license that includes an alternative address ceases to be a peace officer, the license holder shall, not later than the 30th day after the date of the status change, apply to the department for issuance of a duplicate license. The duplicate license must include the person's actual current residence address.

(f) The department shall issue a drivers license under this Section consistent with the previsions of Sec. 521.033, Transportation Code.

SECTION 7. Section 521.126(d), Transportation Code, is amended to read as follows:

(d) The prohibition provided by Subsection (b) does not apply to a person who accesses, uses, complies, or maintains a database of the information for a law enforcement or governmental purpose, including:

(1) an officer or employee of the department carrying out law enforcement or government purposes;

(2) a peace officer, as defined by Article 2.12, Code of Criminal Procedure, acting in the officer's official capacity;

(3) a license deputy, as defined by Section 12.702, Parks and Wildlife Code, issuing a license, stamp, tag, permit, or other similar items through use of a point-of-sale system under Section 12.703, Parks and Wildlife Code;

(4) a person acting as authorized by Section 109.61, Alcoholic Beverage Code;

(5) a person establishing the identity of a voter under Chapter 63, Election Code;

(6) a person acting as authorized by Section 161.0825, Health and Safety Code; [or]

(7) a person screening an individual who will work with or have access to children if the person is an employee or an agent of an employee of a public school district or an organization exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, [as amended,] that sponsors a program for youth; or

(8) a person verifying information on a secure driver's license or personal identification certificate as described by Section 521.033.

SECTION 8. This Act takes effect September 1, 2013.