H.B. No. 123

AN ACT

relating to personal identification documents for foster children or youth or homeless children or youth.

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

SECTION 1. Section 264.121, Family Code, is amended by adding Subsection (e-3) to read as follows:

(e-3) When obtaining a copy of a birth certificate to provide to a foster youth or assisting a foster youth in obtaining a copy of a birth certificate, the department shall obtain the birth certificate from the state registrar. If the department is unable to obtain the birth certificate from the state registrar, the department may obtain the birth certificate from a local registrar or county clerk.

SECTION 2. Subchapter A, Chapter 191, Health and Safety Code, is amended by adding Section 191.0049 to read as follows:

Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR YOUTH OR HOMELESS CHILD OR YOUTH. On request of a child or youth described by this section, the state registrar, a local registrar, or a county clerk shall issue, without fee or parental consent, a certified copy of the child's or youth's birth record to:

(1) a homeless child or youth as defined by 42 U.S.C. Section 11434a;

(2) a child in the managing conservatorship of the Department of Family and Protective Services; and

(3) a young adult who:

(A) is at least 18 years of age, but younger than 21 years of age; and

(B) resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services.

SECTION 3. Subchapter E, Chapter 521, Transportation Code, is amended by adding Section 521.1015 to read as follows:

Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED TO FOSTER CHILD OR YOUTH OR HOMELESS CHILD OR YOUTH. (a) In this section:

(1) "Foster child or youth" means:

(A) a child in the managing conservatorship of the Department of Family and Protective Services; or

(B) a young adult who:

(i) is at least 18 years of age, but younger than 21 years of age; and

(ii) resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services.

(2) "Homeless child or youth" has the meaning assigned by 42 U.S.C. Section 11434a.

(b) This section applies to the application for a personal identification certificate only for a foster child or youth or a homeless child or youth.

(c) Notwithstanding Section 521.101, Section 521.1426, or any other provision of this chapter, a child or youth described by Subsection (b) may, in applying for a personal identification certificate:

(1) provide a copy of the child's or youth's birth certificate as proof of the child's or youth's identity and United States citizenship, as applicable; and

(2) if the child or youth does not have a residence or domicile:

(A) provide a letter certifying the child or youth is a homeless child or youth issued by:

(i) the school district in which the child or youth is enrolled;

(ii) the director of an emergency shelter or transitional housing program funded by the United States Department of Housing and Urban Development; or

(iii) the director of:

(a) a basic center for runaway and homeless youth; or

(b) a transitional living program; or

(B) use the address of the regional office where the Department of Family and Protective Services caseworker for the child or youth is based.

(d) A child or youth described by Subsection (b) may apply for and the department may issue a personal identification certificate without the signature or presence of or permission from a parent or guardian of the child or youth.

(e) The department shall exempt a child or youth described by Subsection (b) from the payment of any fee for the issuance of a personal identification certificate under this chapter, subject to Section 521.4265.

SECTION 4. Section 521.1811, Transportation Code, is amended to read as follows:

Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR YOUTH OR HOMELESS CHILD OR [CARE] YOUTH. A person is exempt from the payment of any fee for the issuance of a driver's license, as provided under this chapter, if that person is:

(1) younger than 18 years of age and in the managing conservatorship of the Department of Family and Protective Services; [or]

(2) at least 18 years of age, but younger than 21 years of age, and resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services; or

(3) a homeless child or youth as defined by 42 U.S.C. Section 11434a.

SECTION 5. Section 521.421, Transportation Code, is amended by adding Subsection (k) to read as follows:

(k) A person applying for the issuance or renewal of a license, including a duplicate license or a license issued or renewed over the Internet or by other electronic means, may elect to contribute $1 or more to the identification fee exemption account established under Section 521.4265.

SECTION 6. Section 521.422, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d) A person applying for the issuance or renewal of a personal identification card, including a duplicate personal identification card or a personal identification card issued or renewed over the Internet or by other electronic means, may elect to contribute $1 or more to the identification fee exemption account established under Section 521.4265.

SECTION 7. Subchapter R, Chapter 521, Transportation Code, is amended by adding Section 521.4265 to read as follows:

Sec. 521.4265. IDENTIFICATION FEE EXEMPTION ACCOUNT. (a) The identification fee exemption account is created as an account in the general revenue fund of the state treasury. The fund consists of grants and donations made to the department for the purposes of this section, including donations received under Sections 521.421(k) and 521.422(d). The department shall administer the account. Money in the account may be appropriated for the purposes of Subsection (b).

(b) For each exemption granted under Section 521.1015 or 521.1811, the department shall deposit to the credit of the Texas mobility fund an amount from the identification fee exemption account under Subsection (a) that is equal to the amount of the waived fee that would otherwise be deposited to the mobility fund.

(c) The department may not grant an exemption under Section 521.1015 or 521.1811 if money is not available in the identification fee exemption account to meet the requirements of Subsection (b).

SECTION 8. The changes in law made by this Act apply to an application for a driver's license, personal identification certificate, or birth record submitted on or after the effective date of this Act. An application for a driver's license, personal identification certificate, or birth record submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

SECTION 9. This Act takes effect September 1, 2019.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 123 was passed by the House on March 26, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 123 on May 23, 2019, by the following vote: Yeas 142, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 123 was passed by the Senate, with amendments, on May 20, 2019, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor