By: Canales, Capriglione, Longoria, Cain, H.B. No. 71

Tinderholt, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a program for the issuance of digital identification.

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

SECTION 1. Subtitle B, Title 7, Transportation Code, is amended by adding Chapter 526 to read as follows:

CHAPTER 526. DIGITAL IDENTIFICATION PROGRAM

Sec. 526.0101. DEFINITIONS. In this chapter:

(1) "Department" and "driver's license" have the meanings assigned by Section 521.001.

(2) "Digital identification" includes a digital driver's license, a digital personal identification certificate, a digital handgun license, a digital hunting or fishing license, and a digital license issued by the Department of Public Safety under Chapter 1702, Occupations Code.

(3) "Handgun license" means a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code.

(4) "Hunting or fishing license" means a noncommercial hunting or fishing license of any type issued by the Parks and Wildlife Department, including:

(A) a hunting license issued under Chapter 42, Parks and Wildlife Code;

(B) a fishing license issued under Chapter 46, Parks and Wildlife Code; or

(C) a combination hunting and fishing license issued under Chapter 50, Parks and Wildlife Code.

Sec. 526.0102. DIGITAL IDENTIFICATION PROGRAM. (a) The department, in consultation with the Parks and Wildlife Department, by rule shall establish a program for the issuance of digital identification.

(b) In establishing the digital identification program, the department shall:

(1) assess existing department infrastructure and upgrade department infrastructure according to the department's findings;

(2) provide a digital identification solution that:

(A) is capable of presenting digital identification on a wireless communication device that:

(i) must include the information included on a driver's license, as described by Section 521.121(a); and

(ii) may include, as applicable:

(a) the information included on a handgun license, as required by Subchapter H, Chapter 411, Government Code;

(b) the information included on a hunting or fishing license, as required by the Parks and Wildlife Code, including a stamp or other authorization issued by the Parks and Wildlife Department in connection with the hunting or fishing license; and

(c) the information included on a license issued by the Department of Public Safety under Chapter 1702, Occupations Code;

(B) includes an authentication and verification process for a wireless communication device; and

(C) may be used in any location regardless of the location's level of wireless connectivity or cellular telephone service;

(3) deploy the digital identification solution; and

(4) implement any procedures necessary to allow law enforcement officials to accept digital identification.

(c) The department may not charge a fee for the issuance of digital identification under this section.

(d) If an applicant is eligible for a form of identification described by Subsection (b), the department or the Parks and Wildlife Department, as applicable, shall:

(1) issue the applicant a physical version of the identification; and

(2) on request, issue the applicant digital identification under this section.

(e) Digital identification issued under this section may not be used for voting purposes.

SECTION 2. (a) The Department of Public Safety by rule shall establish the digital identification program under Chapter 526, Transportation Code, as added by this Act, not later than February 1, 2025.

(b) If before implementing any provision of this Act the Department of Public Safety determines that a waiver or authorization from a federal agency is necessary for the implementation of that provision, the Department of Public Safety shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.