89R14444 LRM-F

By: Campbell S.B. No. 2328

A BILL TO BE ENTITLED

AN ACT

relating to the acceptance of and funding for certain forms of identification issued to persons unlawfully present in the United States; creating a criminal offense.

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

SECTION 1. Chapter 752, Government Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. IDENTIFICATION KNOWINGLY ISSUED TO PERSONS

UNLAWFULLY PRESENT IN UNITED STATES

Sec. 752.081. DEFINITIONS. In this subchapter:

(1) "Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, firm, corporation, limited liability company, holding company, joint stock company, receivership, or trust.

(2) "Department" means the Department of Public Safety.

(3) "Governmental entity" means:

(A) any board, commission, office, department, or other agency in the executive branch of state government; or

(B) a municipality or county.

(4) "Identification document" means any type of personal identification card or other document, including a driver's license, that may be used to verify a person's age, identity, or residency.

Sec. 752.082. NONAPPLICABILITY. This subchapter does not apply to an identification document issued by, or on behalf of, the federal government.

Sec. 752.083. DATABASE OF IDENTIFICATION DOCUMENTS ISSUED TO PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. (a) The department shall establish and maintain a database of public or private entities that issue an identification document to an individual that the entity knows is not lawfully present in the United States.

(b) The database must include images of identification documents described by Subsection (a).

(c) The department shall make the database publicly available on the department's Internet website.

Sec. 752.084. OFFENSE: RECOGNITION OF CERTAIN IDENTIFICATION DOCUMENTS. (a) An officer or employee of a governmental entity or business entity commits an offense if the actor accepts, relies on, or otherwise uses an identification document specified in the database established under Section 752.083 to determine a person's age, identity, or residency.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Sec. 752.085. PROHIBITED USE OF CERTAIN IDENTIFICATION DOCUMENT. Notwithstanding any other law, an identification document maintained in the database established under Section 752.083 is not considered a valid method of identification in this state.

Sec. 752.086. ASSISTANCE AND TRAINING ON DATABASE AND COMPLIANCE. The department shall establish a training program for governmental entities and business entities and shall provide assistance to an entity on request with respect to use of the database established under Section 752.083.

Sec. 752.087. PROHIBITED USE OF FUNDS FOR CERTAIN IDENTIFICATION DOCUMENTS. A governmental entity or business entity may not provide funds to any person for the purpose of assisting the person in obtaining an identification document specified in the database established under Section 752.083.

SECTION 2. Not later than January 1, 2026, the Department of Public Safety shall establish the database required by Section 752.083, Government Code, as added by this Act, and the training program required by Section 752.086, Government Code, as added by this Act.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2025.

(b) Sections 752.084, 752.085, and 752.087, Government Code, as added by this Act, take effect March 1, 2026.