By: Turner of Harris, Marquez (Senate Sponsor - Whitmire) H.B. No. 2161
(In the Senate - Received from the House May 4, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 18, 2009, reported favorably, as amended, by the
following vote: Yeas 7, Nays 0; May 18, 2009, sent to printer.)
COMMITTEE AMENDMENT NO. 1By: By: Whitmire
Amend H.B. 2161 (engrossed version) as follows:
(1) In SECTION 2 of the bill, added Section 501.0165(c),
Government Code (page 3, line 10), after the period, add "The
memorandum of understanding must require the Department of State
Health Services to electronically verify the birth record of an
inmate whose name and any other personal information is provided by
the department and to electronically report the recorded filing
information to the Department of Public Safety to validate the
identity of an inmate under this section.".
(2) In SECTION 2 of the bill, added Section 501.0165(d),
Government Code (page 3, line 12), strike "any" and substitute "the
actual".
(3) In SECTION 2 of the bill, in added Section 501.0165(d),
Government Code (page 3, line 14), after the period add "The
department may charge an inmate for the actual costs incurred under
this section or the fees required by Section 521.421,
Transportation Code.".
(4) Insert the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 521.001(a), Transportation Code, is
amended by amending Subsection (1) and adding Subsections (1-a) and
(7-a) to read as follows:
(1) "Correctional facility" means:
(A) a place described by Section 1.07(a)(14),
Penal Code; or
(B) a secure correctional facility or secure
detention facility, as defined by Section 51.02, Family Code.
(1-a) "Department" means the Department of Public
Safety.
(7-a) "Parole facility" means a place described by
Section 508.118 or 508.119, Government Code.
SECTION ____. Section 521.101, Transportation Code, is
amended by adding Subsection (f-1) to read as follows:
(f-1) A personal identification certificate issued to a
person whose residence or domicile is a correctional facility or a
parole facility expires on the first birthday of the license holder
occurring after the first anniversary of the date of issuance.
SECTION ____. Section 521.271, Transportation Code, is
amended to read as follows:
Sec. 521.271. LICENSE EXPIRATION. (a) Each original
driver's license and provisional license expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application;
(2) a provisional license expires on the earlier of:
(A) the 18th birthday of the license holder; or
(B) the first birthday of the license holder
occurring after the date of the application;
(3) an instruction permit expires on the second
birthday of the license holder occurring after the date of the
application; [and]
(4) an occupational license expires on the first
anniversary of the court order granting the license; and
(5) unless an earlier date is otherwise provided, a
driver's license issued to a person whose residence or domicile is a
correctional facility or a parole facility expires on the first
birthday of the license holder occurring after the first
anniversary of the date of issuance.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the sixth anniversary of the expiration date
before renewal; or
(2) for a renewal driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility, the first birthday of the license holder occurring after
the first anniversary of the date of issuance unless an earlier date
is otherwise provided.
SECTION ____. Section 521.421, Transportation Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) The fee for a personal identification certificate
issued under Section 501.0165, Government Code, is $5.
(a-2) Except as provided by Subsection (a-1), the
department by rule shall establish the fee for a personal
identification certificate or driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility.
SECTION ____. Section 522.051, Transportation Code, is
amended by adding Subsection (g) to read as follows:
(g) A commercial driver's license issued to a person whose
residence or domicile is a correctional facility or a parole
facility expires on the first birthday of the license holder
occurring after the first anniversary of the date of issuance. The
department by rule shall establish the fee for a commercial
driver's license issued to a person whose residence or domicile is a
correctional facility or a parole facility.
SECTION ____. Section 522.052, Transportation Code, is
amended by adding Subsection (h) to read as follows:
(h) A renewal commercial driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility expires on the first birthday of the license holder
occurring after the first anniversary of the date of issuance.
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a personal identification certificate
to present or former inmates of the Texas Department of Criminal
Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.015(a), Government Code, is amended
to read as follows:
(a) When an inmate is discharged or is released on parole,
mandatory supervision, or conditional pardon, the department
[institutional division] shall provide the inmate with:
(1) suitable civilian clothing;
(2) money held in the inmate's trust account by the
director; [and]
(3) cash, in an amount and in the manner described by
Subsection (b); and
(4) a personal identification certificate obtained
under Section 501.0165, if available.
SECTION 2. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.0165 to read as follows:
Sec. 501.0165. STATE-ISSUED IDENTIFICATION; NECESSARY
DOCUMENTATION. (a) Before discharging an inmate or releasing an
inmate on parole, mandatory supervision, or conditional pardon, the
department shall:
(1) determine whether the inmate has:
(A) a valid license issued under Chapter 521 or
522, Transportation Code; or
(B) a valid personal identification certificate
issued under Chapter 521, Transportation Code; and
(2) if the inmate does not have a valid license or
certificate described by Subdivision (1), submit to the Department
of Public Safety on behalf of the inmate a request for the issuance
of a personal identification certificate under Chapter 521,
Transportation Code.
(b) The department shall submit a request under Subsection
(a)(2) as soon as is practicable to enable the department to provide
the inmate with the personal identification certificate when the
department discharges or releases the inmate.
(c) The department, the Department of Public Safety, and the
bureau of vital statistics of the Department of State Health
Services shall by rule adopt a memorandum of understanding that
establishes their respective responsibilities with respect to the
issuance of a personal identification certificate to an inmate,
including responsibilities related to verification of the inmate's
identity.
(d) The department shall reimburse the Department of Public
Safety or the Department of State Health Services for any costs
incurred by those agencies in performing responsibilities
established under this section.
(e) This section does not apply to an inmate who:
(1) is not legally present in the United States; or
(2) was not a resident of this state before the person
was placed in the custody of the department.
SECTION 3. This Act takes effect September 1, 2009.
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