88R21920 AJZ-D
 
  By: Canales, et al. H.B. No. 71
 
  Substitute the following for H.B. No. 71:
 
  By:  Guillen C.S.H.B. No. 71
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a program for the issuance of
  digital identification; authorizing a fee.
         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, and a digital hunting or fishing license.
               (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; and
                                 (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;
                     (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 contract with a third party to
  establish the program described by this section if the contract is
  at no cost to the department.
         (d)  The department may charge a fee for the issuance of
  digital identification under this section to offset the
  department's costs in establishing and implementing the program
  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.