Texas 2009 - 81st Regular

Texas House Bill HB2161 Compare Versions

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1	1	H.B. No. 2161
2	2
3	3
4	4	AN ACT
5	5	relating to a personal identification certificate or driver's
6	6	license issued to present or former inmates of the Texas Department
7	7	of Criminal Justice.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 501.015(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) When an inmate is discharged or is released on parole,
12	12	mandatory supervision, or conditional pardon, the department
13	13	[institutional division] shall provide the inmate with:
14	14	(1) suitable civilian clothing;
15	15	(2) money held in the inmate's trust account by the
16	16	director; [and]
17	17	(3) cash, in an amount and in the manner described by
18	18	Subsection (b); and
19	19	(4) a personal identification certificate obtained
20	20	under Section 501.0165, if available.
21	21	SECTION 2. Subchapter A, Chapter 501, Government Code, is
22	22	amended by adding Section 501.0165 to read as follows:
23	23	Sec. 501.0165. STATE-ISSUED IDENTIFICATION; NECESSARY
24	24	DOCUMENTATION. (a) Before discharging an inmate or releasing an
25	25	inmate on parole, mandatory supervision, or conditional pardon, the
26	26	department shall:
27	27	(1) determine whether the inmate has:
28	28	(A) a valid license issued under Chapter 521 or
29	29	522, Transportation Code; or
30	30	(B) a valid personal identification certificate
31	31	issued under Chapter 521, Transportation Code; and
32	32	(2) if the inmate does not have a valid license or
33	33	certificate described by Subdivision (1), submit to the Department
34	34	of Public Safety on behalf of the inmate a request for the issuance
35	35	of a personal identification certificate under Chapter 521,
36	36	Transportation Code.
37	37	(b) The department shall submit a request under Subsection
38	38	(a)(2) as soon as is practicable to enable the department to provide
39	39	the inmate with the personal identification certificate when the
40	40	department discharges or releases the inmate.
41	41	(c) The department, the Department of Public Safety, and the
42	42	bureau of vital statistics of the Department of State Health
43	43	Services shall by rule adopt a memorandum of understanding that
44	44	establishes their respective responsibilities with respect to the
45	45	issuance of a personal identification certificate to an inmate,
46	46	including responsibilities related to verification of the inmate's
47	47	identity. The memorandum of understanding must require the
48	48	Department of State Health Services to electronically verify the
49	49	birth record of an inmate whose name and any other personal
50	50	information is provided by the department and to electronically
51	51	report the recorded filing information to the Department of Public
52	52	Safety to validate the identity of an inmate under this section.
53	53	(d) The department shall reimburse the Department of Public
54	54	Safety or the Department of State Health Services for the actual
55	55	costs incurred by those agencies in performing responsibilities
56	56	established under this section. The department may charge an
57	57	inmate for the actual costs incurred under this section or the fees
58	58	required by Section 521.421, Transportation Code.
59	59	(e) This section does not apply to an inmate who:
60	60	(1) is not legally present in the United States; or
61	61	(2) was not a resident of this state before the person
62	62	was placed in the custody of the department.
63	63	SECTION 3. Section 521.001(a), Transportation Code, is
64	64	amended by amending Subdivision (1) and adding Subdivisions (1-a)
65	65	and (7-a) to read as follows:
66	66	(1) "Correctional facility" means:
67	67	(A) a place described by Section 1.07(a)(14),
68	68	Penal Code; or
69	69	(B) a secure correctional facility or secure
70	70	detention facility, as defined by Section 51.02, Family Code.
71	71	(1-a) "Department" means the Department of Public
72	72	Safety.
73	73	(7-a) "Parole facility" means a place described by
74	74	Section 508.118 or 508.119, Government Code.
75	75	SECTION 4. Section 521.101, Transportation Code, is amended
76	76	by adding Subsection (f-1) to read as follows:
77	77	(f-1) A personal identification certificate issued to a
78	78	person whose residence or domicile is a correctional facility or a
79	79	parole facility expires on the first birthday of the license holder
80	80	occurring after the first anniversary of the date of issuance.
81	81	SECTION 5. Section 521.271, Transportation Code, is amended
82	82	to read as follows:
83	83	Sec. 521.271. LICENSE EXPIRATION. (a) Each original
84	84	driver's license and provisional license expires as follows:
85	85	(1) except as provided by Section 521.2711, a driver's
86	86	license expires on the first birthday of the license holder
87	87	occurring after the sixth anniversary of the date of the
88	88	application;
89	89	(2) a provisional license expires on the earlier of:
90	90	(A) the 18th birthday of the license holder; or
91	91	(B) the first birthday of the license holder
92	92	occurring after the date of the application;
93	93	(3) an instruction permit expires on the second
94	94	birthday of the license holder occurring after the date of the
95	95	application; [and]
96	96	(4) an occupational license expires on the first
97	97	anniversary of the court order granting the license; and
98	98	(5) unless an earlier date is otherwise provided, a
99	99	driver's license issued to a person whose residence or domicile is a
100	100	correctional facility or a parole facility expires on the first
101	101	birthday of the license holder occurring after the first
102	102	anniversary of the date of issuance.
103	103	(b) Except as provided by Section 521.2711, a driver's
104	104	license that is renewed expires on the earlier of:
105	105	(1) the sixth anniversary of the expiration date
106	106	before renewal; or
107	107	(2) for a renewal driver's license issued to a person
108	108	whose residence or domicile is a correctional facility or a parole
109	109	facility, the first birthday of the license holder occurring after
110	110	the first anniversary of the date of issuance unless an earlier date
111	111	is otherwise provided.
112	112	SECTION 6. Section 521.421, Transportation Code, is amended
113	113	by adding Subsections (a-1) and (a-2) to read as follows:
114	114	(a-1) The fee for a personal identification certificate
115	115	issued under Section 501.0165, Government Code, is $5.
116	116	(a-2) Except as provided by Subsection (a-1), the
117	117	department by rule shall establish the fee for a personal
118	118	identification certificate or driver's license issued to a person
119	119	whose residence or domicile is a correctional facility or a parole
120	120	facility.
121	121	SECTION 7. Section 522.051, Transportation Code, is amended
122	122	by adding Subsection (g) to read as follows:
123	123	(g) A commercial driver's license issued to a person whose
124	124	residence or domicile is a correctional facility or a parole
125	125	facility expires on the first birthday of the license holder
126	126	occurring after the first anniversary of the date of issuance. The
127	127	department by rule shall establish the fee for a commercial
128	128	driver's license issued to a person whose residence or domicile is a
129	129	correctional facility or a parole facility.
130	130	SECTION 8. Section 522.052, Transportation Code, is amended
131	131	by adding Subsection (h) to read as follows:
132	132	(h) A renewal commercial driver's license issued to a person
133	133	whose residence or domicile is a correctional facility or a parole
134	134	facility expires on the first birthday of the license holder
135	135	occurring after the first anniversary of the date of issuance.
136	136	SECTION 9. This Act does not make an appropriation. A
137	137	provision in this Act that creates a new governmental program,
138	138	creates a new entitlement, or imposes a new duty on a governmental
139	139	entity is not mandatory during a fiscal period for which the
140	140	legislature has not made a specific appropriation to implement the
141	141	provision.
142	142	SECTION 10. This Act takes effect September 1, 2009.
143	143	______________________________ ______________________________
144	144	President of the Senate Speaker of the House
145	145	I certify that H.B. No. 2161 was passed by the House on May 1,
146	146	2009, by the following vote: Yeas 112, Nays 29, 1 present, not
147	147	voting; and that the House concurred in Senate amendments to H.B.
148	148	No. 2161 on May 29, 2009, by the following vote: Yeas 120, Nays 23,
149	149	1 present, not voting.
150	150	______________________________
151	151	Chief Clerk of the House
152	152	I certify that H.B. No. 2161 was passed by the Senate, with
153	153	amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
154	154	0.
155	155	______________________________
156	156	Secretary of the Senate
157	157	APPROVED: __________________
158	158	Date
159	159	__________________
160	160	Governor