BILL ANALYSIS

S.B. 656

By: Zaffirini

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

During law enforcement encounters, persons with disabilities that are not immediately apparent, such as intellectual and developmental disabilities or mental health conditions, may exhibit nonverbal or aggressive behavior due to stress that can lead to unfavorable outcomes. Current law requires the Department of Public Safety (DPS) to include on a driver's license health conditions documented by a licensed physician that may impede communication, but only if space permits. What's more, state law does not explicitly cover mental health illnesses or intellectual and other invisible diagnosed disabilities. Accordingly, S.B. 656 seeks to require DPS to include a designation on a driver's license or personal identification certificate indicating the person has a physical or mental health condition or disability that may impede effective communication with a peace officer if the person requests the designation and provides sufficient evidence to qualify.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 656 amends the Transportation Code to require the Department of Public Safety (DPS) to provide to each applicant for the issuance of an original, renewal, corrected, or duplicate driver's license or personal identification certificate who applies in person the opportunity to voluntarily indicate on the license or certificate that the person has a health condition or disability that may impede effective communication with a peace officer as evidenced by a written statement from a licensed physician, including a psychiatrist. The bill requires DPS to include a designation that indicates the person has such a health condition or disability on each driver's license or personal identification certificate issued to a person who makes such an election and provides sufficient evidence to qualify for the designation. The bill requires DPS to maintain in its files a record of any health information that is voluntarily provided to DPS under the bill's provisions and requires an application for an original, renewal, or duplicate driver's license or personal identification certificate to be designed to allow, but not require, the applicant to provide such information.

EFFECTIVE DATE

September 1, 2023.