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AN ACT
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relating to the issuance of a birth record, driver's license, or |
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personal identification certificate to victims and the children of |
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victims of family or dating violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 191, Health and Safety |
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Code, is amended by adding Section 191.00491 to read as follows: |
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Sec. 191.00491. BIRTH RECORD ISSUED TO VICTIMS AND CHILDREN |
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OF VICTIMS OF DATING OR FAMILY VIOLENCE. On request of an |
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individual described by this section, the state registrar, a local |
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registrar, or a county clerk shall issue, without payment of a fee, |
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a certified copy of the individual's birth record to: |
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(1) a victim of dating violence as defined by Section |
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71.0021, Family Code; |
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(2) a victim of family violence as defined by Section |
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51.002, Human Resources Code; or |
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(3) a child of a victim described by Subdivision (1) or |
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(2). |
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SECTION 2. Subchapter E, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1016 to read as follows: |
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Sec. 521.1016. PERSONAL IDENTIFICATION CERTIFICATE ISSUED |
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TO VICTIMS AND CHILDREN OF VICTIMS OF DATING OR FAMILY VIOLENCE. |
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(a) In this section: |
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(1) "Advocate" has the meaning assigned by Section |
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93.001, Family Code. |
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(2) "Victim of dating violence" means the victim of |
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violence described by Section 71.0021, Family Code. |
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(3) "Victim of family violence" has the meaning |
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assigned by Section 51.002, Human Resources Code. |
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(b) This section applies to the application for a personal |
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identification certificate only for a victim of dating violence, a |
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victim of family violence, or the child of a victim of dating or |
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family violence. |
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(c) Notwithstanding Section 521.101, Section 521.1426, or |
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any other provision of this chapter, an individual described by |
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Subsection (b) may, in applying for a personal identification |
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certificate: |
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(1) provide a copy of the individual's birth |
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certificate as proof of the individual's identity and United States |
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citizenship, as applicable; and |
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(2) if the individual does not have a residence or |
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domicile, provide a letter certifying the individual is homeless |
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issued by: |
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(A) an advocate; |
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(B) a licensed mental health services provider |
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who examined and evaluated the individual; or |
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(C) the director of an emergency shelter or |
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transitional housing program funded by the United States Department |
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of Housing and Urban Development or through the Victims of Crime Act |
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of 1984 (Title II, Pub. L. No. 98-473). |
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(d) The department shall exempt an individual described by |
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Subsection (b) from the payment of any fee for the issuance of a |
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personal identification certificate under this chapter, subject to |
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Section 521.4265. |
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SECTION 3. Section 521.1811, Transportation Code, is |
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amended to read as follows: |
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Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR YOUTH, |
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[OR] HOMELESS CHILD OR YOUTH, OR VICTIM OR CHILD OF VICTIM OF DATING |
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OR FAMILY VIOLENCE. A person is exempt from the payment of any fee |
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for the issuance of a driver's license, as provided under this |
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chapter, if that person is: |
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(1) younger than 18 years of age and in the managing |
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conservatorship of the Department of Family and Protective |
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Services; |
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(2) at least 18 years of age, but younger than 21 years |
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of age, and resides in a foster care placement, the cost of which is |
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paid by the Department of Family and Protective Services; [or] |
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(3) a homeless child or youth as defined by 42 U.S.C. |
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Section 11434a; |
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(4) a victim of dating violence as defined by Section |
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71.0021, Family Code; |
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(5) a victim of family violence as defined by Section |
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51.002, Human Resources Code; or |
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(6) a child of a victim described by Subdivision (4) or |
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(5). |
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SECTION 4. Sections 521.4265(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) For each exemption granted under Section 521.1015, |
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521.1016, or 521.1811, the department shall deposit to the credit |
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of the Texas mobility fund an amount from the identification fee |
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exemption account under Subsection (a) that is equal to the amount |
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of the waived fee that would otherwise be deposited to the mobility |
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fund. |
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(c) The department may not grant an exemption under Section |
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521.1015, 521.1016, or 521.1811 if money is not available in the |
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identification fee exemption account to meet the requirements of |
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Subsection (b). |
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SECTION 5. The changes in law made by this Act apply to an |
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application for a birth record, driver's license, or personal |
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identification certificate submitted on or after the effective date |
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of this Act. An application for a birth record, driver's license, |
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or personal identification certificate submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 798 passed the Senate on |
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April 9, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 798 passed the House on |
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May 24, 2021, by the following vote: Yeas 133, Nays 10, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |