88R6558 MZM-D
 
  By: Hernandez H.B. No. 1684
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the form of a driver's license or personal
  identification certificate issued to persons convicted of certain
  human trafficking offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0161 to read as follows:
         Art. 42.0161.  DRIVER'S LICENSE OR IDENTIFICATION
  REQUIREMENTS FOR CERTAIN HUMAN TRAFFICKING OFFENSES. If a person
  is convicted of an offense under Chapter 20A, Penal Code, the court
  shall:
               (1)  require the person to surrender to the court any
  driver's license or personal identification certificate issued by
  the Texas Department of Public Safety that the person holds;
               (2)  issue an order requiring the Texas Department of
  Public Safety to include in any driver's license record or personal
  identification certificate record maintained by the department for
  the person an indication that the person has been convicted of an
  offense under Chapter 20A, Penal Code;
               (3)  notify the person of the consequences of the
  conviction as it relates to the order issued under this article; and
               (4)  send to the Department of Public Safety:
                     (A)  a copy of the record of conviction and a copy
  of the order issued under this article; and
                     (B)  if surrendered to the court, the person's
  driver's license or personal identification certificate.
         SECTION 2.  Subchapter C, Chapter 521, Transportation Code,
  is amended by adding Section 521.0571 to read as follows:
         Sec. 521.0571.  INFORMATION REGARDING CERTAIN HUMAN
  TRAFFICKING OFFENSES; FORM OF LICENSE OR CERTIFICATE. (a) On
  receipt of a court order issued under Article 42.0161, Code of
  Criminal Procedure, the department shall ensure that any driver's
  license record or personal identification certificate record
  maintained by the department for the person includes an indication
  that the person has been convicted of an offense under Chapter 20A,
  Penal Code.
         (b)  If the person applies for the issuance or renewal of a
  new or duplicate driver's license or personal identification
  certificate or for the reinstatement of a license, as applicable,
  the department may not issue to the person a driver's license or
  certificate unless the license or certificate includes a
  distinctive symbol or marking on the face of the license or
  certificate indicating that the person has been convicted of an
  offense under Chapter 20A, Penal Code. The department by rule shall
  specify the symbol or marking required by this subsection.
         (c)  The distinctive symbol or marking required by
  Subsection (b) is in addition to any other information on the
  person's driver's license or personal identification certificate
  required by this chapter or the department.
         (d)  A person may apply to the department for a driver's
  license or personal identification certificate that does not
  include the distinctive symbol or marking described by Subsection
  (b) if the person provides evidence to the department that:
               (1)  an order of expunction under Chapter 55, Code of
  Criminal Procedure, has been issued with respect to the offense
  under Chapter 20A, Penal Code;
               (2)  the person has been pardoned for the offense under
  Chapter 20A, Penal Code, under the authority of a state or federal
  official; or
               (3)  the conviction for the offense under Chapter 20A,
  Penal Code, was otherwise vacated, set aside, annulled,
  invalidated, voided, or sealed under any state or federal law.
         (e)  If a person provides the evidence described by
  Subsection (d), the department shall:
               (1)  issue a driver's license or personal
  identification certificate that does not include the distinctive
  symbol or marking described by Subsection (b); and
               (2)  remove the indication required by Subsection (a)
  in any driver's license record or personal identification
  certificate record maintained by the department for the person.
         SECTION 3.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2023.