By: Carona, et al. S.B. No. 1785
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of driver's licenses and personal
identification certificates by the Department of Public Safety of
the State of Texas, including enforcement measures against
fictitious or fraudulently obtained licenses or certificates;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.029, Transportation Code, is amended
to read as follows:
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
RESIDENTS. (a) A person who enters this state as a new resident
may operate a motor vehicle in this state for no more than 90 [30]
days after the date on which the person enters this state if the
person:
(1) is 16 years of age or older; and
(2) has in the person's possession a driver's license
issued to the person by the person's state or country of previous
residence.
(b) If a person subject to this section is prosecuted for
operating a motor vehicle without a driver's license, the
prosecution alleges that the person has resided in this state for
more than 90 [30] days, and the person claims to have been covered
by Subsection (a), the person must prove by the preponderance of the
evidence that the person has not resided in this state for more than
90 [30] days.
SECTION 2. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.060 to read as follows:
Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The
department by rule shall establish a system for identifying unique
addresses that are submitted in license or certificate applications
under this chapter or Chapter 522 in a frequency or number that, in
the department's determination, casts doubt on whether the
addresses are the actual addresses where the applicants reside.
(b) The department may contract with a third-party personal
data verification service to assist the department in implementing
this section.
(c) The department shall investigate the validity of
addresses identified under Subsection (a).
(d) The department may disclose the results of an
investigation under Subsection (c) to a criminal justice agency for
the purposes of enforcing Section 521.4565 or other provisions of
this chapter or Chapter 522.
(e) In this section, "criminal justice agency" has the
meaning assigned by Article 60.01, Code of Criminal Procedure.
SECTION 3. Section 521.101, Transportation Code, is amended
by adding Subsection (j) to read as follows:
(j) The department may not issue a personal identification
certificate to a person who has not established a domicile in this
state.
SECTION 4. Subchapter G, Chapter 521, Transportation Code,
is amended by adding Sections 521.1426 and 521.1427 to read as
follows:
Sec. 521.1426. DOMICILE REQUIREMENT; VERIFICATION.
(a) The department may not issue a driver's license or a personal
identification certificate to a person who has not established a
domicile in this state.
(b) The department shall adopt rules for determining
whether a domicile has been established, including rules
prescribing the types of documentation the department may require
from the applicant to verify the validity of the claimed domicile.
(c) The department may contract with a third-party personal
data verification service to assist the department in verifying a
claim of domicile, including whether the physical address provided
by the applicant is the applicant's actual residence.
Sec. 521.1427. POST OFFICE BOX NOT VALID AS ADDRESS.
(a) In this section, "post office box address" means a United
States Postal Service post office box address or a private mailbox
address.
(b) Unless an exception exists under state or federal law,
an applicant may receive delivery of a license or a personal
identification certificate at a post office box address only if the
applicant has provided the department the physical address where
the applicant resides.
(c) The department may require the applicant to provide
documentation that the department determines necessary to verify
the validity of the physical address provided under Subsection (b).
(d) The department may contract with a third-party personal
data verification service to assist the department in verifying
whether the physical address provided by the applicant is the
applicant's actual residence.
SECTION 5. Subchapter C, Chapter 522, Transportation Code,
is amended by adding Sections 522.0225 and 522.0226 to read as
follows:
Sec. 522.0225. VERIFICATION OF DOMICILE. (a) The
department shall adopt rules for determining whether a domicile has
been established under Section 522.022, including rules
prescribing the types of documentation the department may require
from the applicant to determine the validity of the claimed
domicile.
(b) The department may contract with a third-party personal
data verification service to assist the department in verifying a
claim of domicile, including whether the physical address provided
by the applicant is the applicant's actual residence.
Sec. 522.0226. POST OFFICE BOX NOT VALID AS ADDRESS.
(a) In this section, "post office box address" means a United
States Postal Service post office box address or a private mailbox
address.
(b) Unless an exception exists under state or federal law,
an applicant may receive delivery of a commercial driver's license
at a post office box address only if the applicant has provided the
department the physical address where the applicant resides.
(c) The department may require the applicant to provide
documentation that the department determines necessary to verify
the validity of the physical address provided under Subsection (b).
(d) The department may contract with a third-party personal
data verification service to assist the department in verifying
whether the physical address provided by the applicant is the
applicant's actual residence.
SECTION 6. Subchapter S, Chapter 521, Transportation Code,
is amended by adding Section 521.4565 to read as follows:
Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT
LICENSE OR CERTIFICATE. (a) In this section:
(1) "Combination," "conspires to commit," "profits,"
and "criminal street gang" have the meanings assigned by Section
71.01, Penal Code.
(2) "Conspires to manufacture or produce" means that:
(A) a person agrees with one or more other
persons to engage in the manufacture or production of a forged or
counterfeit instrument; and
(B) the person and one or more of the other
persons perform an overt act in pursuance of the agreement.
(3) "Instrument" means a driver's license, commercial
driver's license, or personal identification certificate.
(4) "Public servant" has the meaning assigned by
Section 1.07, Penal Code.
(b) A person commits an offense if the person establishes,
maintains, or participates in or conspires to establish, maintain,
or participate in a combination or criminal street gang, or
participates in the profits of a combination or criminal street
gang, with the intent to manufacture or produce a forged or
counterfeit instrument for the purpose of selling, distributing, or
delivering such instrument. An agreement constituting conspiring
to manufacture or produce may be inferred from the acts of the
parties.
(c) An offense under this section is a state jail felony,
except that an offense committed by a public servant is a felony of
the third degree.
SECTION 7. The Department of Public Safety of the State of
Texas shall adopt rules required by the amendments of this Act to
Chapters 521 and 522, Transportation Code, as soon as practicable
after the effective date of this Act.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.