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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 driver's license or personal |
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identification certificate for a 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. (a) In |
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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 (f) 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 driver's license or |
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personal identification certificate. |
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(c) For the purposes of this section, to confirm a person's |
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status as a homeless individual he or she must submit a notarized |
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affidavit from: |
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(1) an employee of a homeless shelter or transitional |
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housing facility; |
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(2) an employee of an organization that provides to |
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homeless individuals or assists homeless individuals in obtaining |
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services such as health services, mental or behavioral health |
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services, substance abuse services, public assistance services, or |
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employment services; |
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(3) an attorney licensed to practice law in this |
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state; |
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(4) a peace officer who is an official homeless |
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liaison; or |
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(5) an employee of a faith-based organization that |
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provides benefits or services to homeless individuals. |
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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) An affidavit described by Subsection (c) may not be used |
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for a driver's license or personal identification certificate |
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application if the affidavit was signed more than 60 days before the |
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date the application is submitted. |
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(f) 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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(g) For each exemption granted under this section the |
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department shall deposit to the credit of the Texas mobility fund an |
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amount from the identification fee exemption account under |
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Subsection (h) that is equal to the amount of the waived fee that |
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would otherwise be deposited to the mobility fund. |
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(h) The identification fee exemption account is created as |
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an account in the general revenue fund of the state treasury. The |
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fund consists of grants and donations made to the department for the |
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purposes of this section. The department shall administer the |
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account. Money in the account may be appropriated for the purposes |
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of Subsection (g). |
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(i) The department may not grant an exemption under this |
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section if money is not available in the identification fee |
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exemption account to meet the requirements of Subsection (g). |
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SECTION 2. This Act takes effect September 1, 2017. |