Texas 2009 - 81st Regular

Texas House Bill HB4674 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2009S0634-1 03/10/09
2	2	By: Phillips H.B. No. 4674
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of driver's licenses and personal
8	8	identification certificates by the Department of Public Safety of
9	9	the State of Texas, including enforcement measures against
10	10	fictitious or fraudulently obtained licenses or certificates;
11	11	providing a criminal penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 521.029, Transportation Code, is amended
14	14	to read as follows:
15	15	Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
16	16	RESIDENTS. (a) A person who enters this state as a new resident
17	17	may operate a motor vehicle in this state for no more than 90 [30]
18	18	days after the date on which the person enters this state if the
19	19	person:
20	20	(1) is 16 years of age or older; and
21	21	(2) has in the person's possession a driver's license
22	22	issued to the person by the person's state or country of previous
23	23	residence.
24	24	(b) If a person subject to this section is prosecuted for
25	25	operating a motor vehicle without a driver's license, the
26	26	prosecution alleges that the person has resided in this state for
27	27	more than 90 [30] days, and the person claims to have been covered
28	28	by Subsection (a), the person must prove by the preponderance of the
29	29	evidence that the person has not resided in this state for more than
30	30	90 [30] days.
31	31	SECTION 2. Subchapter C, Chapter 521, Transportation Code,
32	32	is amended by adding Section 521.060 to read as follows:
33	33	Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The
34	34	department by rule shall establish a system for identifying unique
35	35	addresses that are submitted in license or certificate applications
36	36	under this chapter or Chapter 522 in a frequency or number that, in
37	37	the department's determination, casts doubt on whether the
38	38	addresses are the actual addresses where the applicants reside.
39	39	(b) The department may contract with a third-party personal
40	40	data verification service to assist the department in implementing
41	41	this section.
42	42	(c) The department shall investigate the validity of
43	43	addresses identified under Subsection (a).
44	44	(d) The department may disclose the results of an
45	45	investigation under Subsection (c) to a criminal justice agency for
46	46	the purposes of enforcing Section 521.4565 or other provisions of
47	47	this chapter or Chapter 522.
48	48	(e) In this section, "criminal justice agency" has the
49	49	meaning assigned by Article 60.01, Code of Criminal Procedure.
50	50	SECTION 3. Section 521.101, Transportation Code, is amended
51	51	by adding Subsection (j) to read as follows:
52	52	(j) The department may not issue a personal identification
53	53	certificate to a person who has not established a domicile in this
54	54	state.
55	55	SECTION 4. Subchapter G, Chapter 521, Transportation Code,
56	56	is amended by adding Sections 521.1426 and 521.1427 to read as
57	57	follows:
58	58	Sec. 521.1426. DOMICILE REQUIREMENT; VERIFICATION.
59	59	(a) The department may not issue a driver's license or a personal
60	60	identification certificate to a person who has not established a
61	61	domicile in this state.
62	62	(b) The department shall adopt rules for determining
63	63	whether a domicile has been established, including rules
64	64	prescribing the types of documentation the department may require
65	65	from the applicant to verify the validity of the claimed domicile.
66	66	(c) The department may contract with a third-party personal
67	67	data verification service to assist the department in verifying a
68	68	claim of domicile, including whether the physical address provided
69	69	by the applicant is the applicant's actual residence.
70	70	Sec. 521.1427. POST OFFICE BOX NOT VALID AS ADDRESS.
71	71	(a) In this section, "post office box address" means a United
72	72	States Postal Service post office box address or a private mailbox
73	73	address.
74	74	(b) An applicant may receive delivery of a license or a
75	75	personal identification certificate at a post office box address
76	76	only if the applicant has provided the department the physical
77	77	address where the applicant resides.
78	78	(c) The department may require the applicant to provide
79	79	documentation that the department determines necessary to verify
80	80	the validity of the physical address provided under Subsection (b).
81	81	(d) The department may contract with a third-party personal
82	82	data verification service to assist the department in verifying
83	83	whether the physical address provided by the applicant is the
84	84	applicant's actual residence.
85	85	SECTION 5. Subchapter C, Chapter 522, Transportation Code,
86	86	is amended by adding Sections 522.0225 and 522.0226 to read as
87	87	follows:
88	88	Sec. 522.0225. VERIFICATION OF DOMICILE. (a) The
89	89	department shall adopt rules for determining whether a domicile has
90	90	been established under Section 522.022, including rules
91	91	prescribing the types of documentation the department may require
92	92	from the applicant to determine the validity of the claimed
93	93	domicile.
94	94	(b) The department may contract with a third-party personal
95	95	data verification service to assist the department in verifying a
96	96	claim of domicile, including whether the physical address provided
97	97	by the applicant is the applicant's actual residence.
98	98	Sec. 522.0226. POST OFFICE BOX NOT VALID AS ADDRESS.
99	99	(a) In this section, "post office box address" means a United
100	100	States Postal Service post office box address or a private mailbox
101	101	address.
102	102	(b) An applicant may receive delivery of a commercial
103	103	driver's license at a post office box address only if the applicant
104	104	has provided the department the physical address where the
105	105	applicant resides.
106	106	(c) The department may require the applicant to provide
107	107	documentation that the department determines necessary to verify
108	108	the validity of the physical address provided under Subsection (b).
109	109	(d) The department may contract with a third-party personal
110	110	data verification service to assist the department in verifying
111	111	whether the physical address provided by the applicant is the
112	112	applicant's actual residence.
113	113	SECTION 6. Subchapter S, Chapter 521, Transportation Code,
114	114	is amended by adding Section 521.4565 to read as follows:
115	115	Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT
116	116	LICENSE OR CERTIFICATE. (a) In this section:
117	117	(1) "Combination," "conspires to commit," "profits,"
118	118	and "criminal street gang" have the meanings assigned by Section
119	119	71.01, Penal Code.
120	120	(2) "Conspires to manufacture or produce" means that:
121	121	(A) a person agrees with one or more other
122	122	persons to engage in the manufacture or production of a forged or
123	123	counterfeit instrument; and
124	124	(B) the person and one or more of the other
125	125	persons perform an overt act in pursuance of the agreement.
126	126	(3) "Instrument" means a driver's license, commercial
127	127	driver's license, or personal identification certificate.
128	128	(4) "Public servant" has the meaning assigned by
129	129	Section 1.07, Penal Code.
130	130	(b) A person commits an offense if the person establishes,
131	131	maintains, or participates in or conspires to establish, maintain,
132	132	or participate in a combination or criminal street gang, or
133	133	participates in the profits of a combination or criminal street
134	134	gang, with the intent to manufacture or produce a forged or
135	135	counterfeit instrument for the purpose of selling, distributing, or
136	136	delivering such instrument. An agreement constituting conspiring
137	137	to manufacture or produce may be inferred from the acts of the
138	138	parties.
139	139	(c) An offense under this section is a state jail felony,
140	140	except that an offense committed by a public servant is a felony of
141	141	the third degree.
142	142	SECTION 7. The Department of Public Safety of the State of
143	143	Texas shall adopt rules required by the amendments of this Act to
144	144	Chapters 521 and 522, Transportation Code, as soon as practicable
145	145	after the effective date of this Act.
146	146	SECTION 8. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2009.