H.B. No. 2161
AN ACT
relating to a personal identification certificate or driver's
license issued 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. 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.
(d) The department shall reimburse the Department of Public
Safety or the Department of State Health Services for the actual
costs incurred by those agencies in performing responsibilities
established under this section. The department may charge an
inmate for the actual costs incurred under this section or the fees
required by Section 521.421, Transportation Code.
(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. Section 521.001(a), Transportation Code, is
amended by amending Subdivision (1) and adding Subdivisions (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 4. 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 5. 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 6. 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 7. 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 8. 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.
SECTION 9. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 10. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2161 was passed by the House on May 1,
2009, by the following vote: Yeas 112, Nays 29, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2161 on May 29, 2009, by the following vote: Yeas 120, Nays 23,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2161 was passed by the Senate, with
amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor