S.B. No. 1934

AN ACT

relating to requirements for the issuance of a driver's license or personal identification certificate and to a study on digital identification and proof of licensure.

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

SECTION 1. Section 521.044(a), Transportation Code, as amended by Chapters 1012 (H.B. 2512) and 1105 (H.B. 3787), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) Information provided on a driver's license or personal identification certificate application that relates to the applicant's social security number may be used only by the department or disclosed only to:

(1) the child support enforcement division of the attorney general's office;

(2) another state entity responsible for enforcing the payment of child support;

(3) the United States Selective Service System as provided by Section 521.147;

(4) the unclaimed property division of the comptroller's office; [or]

(5) the Health and Human Services Commission;

(6) [(5)] the secretary of state for the purposes of voter registration or the administration of elections; or

(7) an agency of another state responsible for issuing driver's licenses or identification documents.

SECTION 2. Sections 521.044(b) and (e), Transportation Code, are amended to read as follows:

(b) The department shall enter an applicant's social security number in the department's electronic database but may not print the number on the applicant's driver's license or personal identification certificate.

(e) The department shall include in the department's legislative appropriations requests and budgets, in quarterly performance reports, and in audits of the department's local offices performance measures on the percentage of complete and correct social security numbers on driver's licenses and personal identification certificates.

SECTION 3. Section 521.101(f), Transportation Code, is amended to read as follows:

(f) A personal identification certificate:

(1) for an applicant who is a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States,[:

[(A)] expires on a date specified by the department [if the applicant is younger than 60 years of age; or

[(B) does not expire if the applicant is 60 years of age or older]; or

(2) for an applicant not described by Subdivision (1), expires on:

(A) the earlier of:

(i) a date specified by the department; or

(ii) the expiration date of the applicant's authorized stay in the United States; or

(B) the first anniversary of the date of issuance, if there is no definite expiration date for the applicant's authorized stay in the United States.

SECTION 4. Section 521.142(g), Transportation Code, is amended to read as follows:

(g) The department shall [may] require an applicant to provide the applicant's social security number or proof that the applicant is not eligible for a social security number [only for a purpose permitted by Section 521.044].

SECTION 5. Subchapter I, Chapter 521, Transportation Code, is amended by adding Section 521.183 to read as follows:

Sec. 521.183. SURRENDER OF DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) A person is not entitled to receive a driver's license until the person surrenders to the department each personal identification certificate in the person's possession that was issued by this state.

(b) A person is not entitled to receive a personal identification certificate until the person surrenders to the department each driver's license in the person's possession that was issued by this state.

SECTION 6. Chapter 411, Government Code, is amended by adding Subchapter Z to read as follows:

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 411.951. STUDY ON DIGITAL IDENTIFICATION AND PROOF OF LICENSURE. (a) The department shall conduct a study:

(1) determining the feasibility of altering state requirements for the issuance of a driver's license to allow a person to use a digital form of a driver's license displayed on an electronic device to prove that the person has a driver's license;

(2) evaluating risks to personal information security that a system described by Subdivision (1) might create; and

(3) surveying and evaluating electronic driver's license policies in other states.

(b) Not later than September 1, 2016, the department shall submit a detailed report of its findings and recommendations to the legislature.

(c) This section expires January 1, 2017.

SECTION 7. The changes in law made by this Act apply only to a driver's license or personal identification certificate for which an application is submitted on or after the effective date of this Act. A driver's license or personal identification certificate for which an application was submitted before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 8. To the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 9. This Act takes effect September 1, 2015.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1934 passed the Senate on May 5, 2015, by the following vote: Yeas 24, Nays 7; and that the Senate concurred in House amendment on May 29, 2015, by the following vote: Yeas 26, Nays 5.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1934 passed the House, with amendment, on May 27, 2015, by the following vote: Yeas 88, Nays 57, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor