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A BILL TO BE ENTITLED
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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 a homeless individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 191.0049, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR YOUTH |
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OR HOMELESS INDIVIDUAL [CHILD OR YOUTH]. (a) On request of an |
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individual [a child or youth] described by this section, the state |
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registrar, a local registrar, or a county clerk shall issue, |
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without fee or parental consent, a certified copy of the |
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individual's [child's or youth's] birth record to: |
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(1) a homeless child or youth as defined by 42 U.S.C. |
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Section 11434a; |
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(2) a child in the managing conservatorship of the |
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Department of Family and Protective Services; [and] |
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(3) a young adult who: |
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(A) is at least 18 years of age, but younger than |
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21 years of age; and |
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(B) resides in a foster care placement, the cost |
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of which is paid by the Department of Family and Protective |
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Services; and |
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(4) a homeless individual as defined by Section |
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521.184, Transportation Code. |
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(b) The department by rule shall: |
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(1) adopt a process to verify a person's status as a |
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homeless individual described by Subsection (a)(4); and |
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(2) prescribe the documentation necessary for the |
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issuance of a certified copy of a birth record to a homeless |
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individual whose status is verified through the process adopted |
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under Subdivision (1). |
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(c) Notwithstanding any other law of this state, the |
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department may not require a homeless individual described by |
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Subsection (a)(4) to provide a physical address of the individual's |
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residence to satisfy any requirement of this section. |
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SECTION 2. Subchapter I, Chapter 521, Transportation Code, |
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is amended by adding Section 521.184 to read as follows: |
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Sec. 521.184. ISSUANCE OF LICENSE OR CERTIFICATE TO |
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HOMELESS INDIVIDUAL. (a) In 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) The department by rule shall: |
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(1) adopt a process to verify a person's status as a |
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homeless individual; |
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(2) prescribe the documentation necessary for the |
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issuance of a driver's license or personal identification |
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certificate to a homeless individual; and |
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(3) exempt a homeless individual 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, subject to Section 521.4265. |
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(c) Notwithstanding any other law of this state and to the |
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extent permitted under federal law, the department may not require |
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a homeless individual to provide a physical address of the |
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individual's residence to satisfy any requirement of this chapter. |
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(d) Rules adopted under this section regarding the issuance |
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of a personal identification certificate to a homeless child or |
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youth, as defined by Section 521.1015, must be consistent with the |
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provisions of that section. |
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SECTION 3. 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, [or] |
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521.1811, or 521.184, the department shall deposit to the credit of |
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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, [or] 521.1811, or 521.184 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 4. 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 5. This Act takes effect September 1, 2021. |