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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 driver's license or personal |
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identification certificate to certain individuals and the use of |
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the identification fee exemption account to fund the fee waivers |
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for those individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) Except as provided by Subsection (f) and subject to |
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Section 521.4265, a homeless individual is entitled to an exemption |
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from the payment of fees under this chapter for the issuance of a |
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driver's license or personal identification certificate. |
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(c) For the purposes of this section, a person's status as a |
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homeless individual must be confirmed by a notarized affidavit |
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from: |
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(1) an employee of a homeless shelter or transitional |
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housing facility; |
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(2) an employee of an organization that provides to |
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homeless individuals or assists homeless individuals in obtaining |
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services such as health services, mental or behavioral health |
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services, substance abuse services, public assistance services, or |
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employment services; |
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(3) an attorney licensed to practice law in this |
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state; |
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(4) a peace officer who is an official homeless |
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liaison; |
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(5) an employee of a faith-based organization that |
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provides benefits or services to homeless individuals; or |
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(6) a counselor or administrator at a school attended |
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by the homeless individual. |
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(d) A person may not charge a fee for the affidavit |
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described by Subsection (c). |
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(e) An affidavit described by Subsection (c) may not be used |
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for a driver's license or personal identification certificate |
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application if the affidavit was signed more than 60 days before the |
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date the application is submitted. |
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(f) Subsection (b) does not apply to a person subject to the |
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registration requirements of Chapter 62, Code of Criminal |
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Procedure. |
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(g) 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 2. Sections 521.4265(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) From the money in the identification fee exemption |
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account the department shall: |
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(1) request that the comptroller transfer to the Texas |
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Workforce Commission amounts sufficient to cover the cost of |
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implementing the program under Section 521.168, including amounts |
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sufficient for the payment by the Texas Workforce Commission of: |
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(A) fees to entities other than the department; |
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and |
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(B) the Texas Workforce Commission's |
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implementation costs; and |
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(2) for each exemption granted under Section 521.1015, |
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521.1016, [or] 521.1811, or 521.184, deposit to the credit of the |
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Texas mobility fund an amount that is equal to the amount of the |
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waived fee that would otherwise be deposited to the mobility fund. |
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(c) The department may not: |
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(1) request a transfer under Subsection (b)(1) if the |
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balance of the account for the fiscal year is less than three times |
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the amount expended in the previous fiscal year for the waivers |
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provided by Sections 521.1015(e), 521.1016, [and] 521.1811, and |
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521.184; or |
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(2) grant an exemption under Section 521.1015, |
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521.1016, [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)(2). |
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SECTION 3. The changes in law made by this Act apply to an |
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application for a driver's license or personal identification |
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certificate submitted on or after the effective date of this Act. |
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An application for a driver's license or personal identification |
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certificate submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |