Texas 2009 - 81st Regular

Texas Senate Bill SB2261 Compare Versions

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

Old	New	Differences
1	1	81R7193 JD-D
2	2	By: Zaffirini S.B. No. 2261
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the proof of identity and residency required of an
8	8	applicant for a driver's license or personal identification
9	9	certificate.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 521.142(a), Transportation Code, is
12	12	amended to read as follows:
13	13	(a) An application for an original license must state the
14	14	applicant's full name and place and date of birth. This
15	15	information must be verified by presentation of proof of identity
16	16	satisfactory to the department. [The department must accept as
17	17	satisfactory proof of identity under this subsection an offender
18	18	identification card or similar form of identification issued to an
19	19	inmate by the Texas Department of Criminal Justice.]
20	20	SECTION 2. Subchapter G, Chapter 521, Transportation Code,
21	21	is amended by adding Section 521.1421 to read as follows:
22	22	Sec. 521.1421. EVIDENCE OF IDENTITY AND RESIDENCY. (a)
23	23	Except as provided by Subsection (f), an applicant for an original,
24	24	duplicate, or renewal license or an original, duplicate, or renewal
25	25	personal identification certificate must provide the department
26	26	with:
27	27	(1) one piece of primary identification;
28	28	(2) two pieces of secondary identification, one of
29	29	which provides evidence of the applicant's identity and one of
30	30	which provides evidence of the applicant's current residence
31	31	address in this state; or
32	32	(3) if the applicant's identity and current residence
33	33	address in this state cannot be established by the identification
34	34	provided under Subdivision (1) or (2), or both, one piece of
35	35	secondary identification that provides evidence of the applicant's
36	36	identity or the applicant's current residence address in this state
37	37	and two pieces of supporting identification that provide evidence
38	38	of the applicant's identity and residence address.
39	39	(b) If the document contains the applicant's full name and
40	40	date of birth, the department shall accept the following as primary
41	41	identification under Subsection (a)(1):
42	42	(1) an unexpired driver's license or personal
43	43	identification certificate issued by the department that bears a
44	44	photograph of the applicant;
45	45	(2) an unexpired United States passport;
46	46	(3) a United States citizenship or naturalization
47	47	certificate that bears a photograph of the applicant;
48	48	(4) an unexpired United States Bureau of Citizenship
49	49	and Immigration Services document that bears a photograph of the
50	50	applicant;
51	51	(5) an unexpired United States military
52	52	identification card that bears a photograph of the applicant;
53	53	(6) a passport issued by a foreign country,
54	54	accompanied by a visa issued by the United States Department of
55	55	State with an unexpired I-94 marked valid for a fixed duration; or
56	56	(7) a passport issued by a foreign country,
57	57	accompanied by a visa issued by the United States Department of
58	58	State with an I-94 marked valid for the duration of stay and
59	59	appropriate documentation.
60	60	(c) The department shall accept the following as secondary
61	61	identification under Subsection (a)(2) or (3), if the name of the
62	62	applicant is shown:
63	63	(1) an unexpired driver's license or identification
64	64	card or certificate issued by another state or territory of the
65	65	United States, the District of Columbia, or a province of Canada
66	66	that bears a photograph of the applicant;
67	67	(2) an original or certified copy of a court order from
68	68	a court in this or another state of the United States that shows the
69	69	name and date of birth of the applicant and indicates that the court
70	70	authorized or required a change in the official recordation of the
71	71	applicant's name, gender, or both;
72	72	(3) school records, including a student
73	73	identification card issued by a public, private, or parochial
74	74	school, college, or university;
75	75	(4) United States military records;
76	76	(5) an unexpired United States military dependant
77	77	identification card;
78	78	(6) an original or certified copy of a marriage
79	79	license or divorce decree;
80	80	(7) a voter registration card;
81	81	(8) a driver's license temporary receipt issued by the
82	82	department;
83	83	(9) a motor vehicle liability insurance policy
84	84	covering a vehicle that satisfies Subchapter D, Chapter 601, and
85	85	was issued within the preceding six months, or a photocopy of the
86	86	policy; or
87	87	(10) a receipt for the payment of ad valorem taxes
88	88	imposed on residential property in this state that lists the
89	89	applicant as the owner or a joint owner of the property and includes
90	90	the street address of the property.
91	91	(d) The department shall accept the following as supporting
92	92	identification under Subsection (a)(3) if the name of the applicant
93	93	is shown:
94	94	(1) an insurance policy that has been in effect for at
95	95	least two years, or a photocopy of the policy;
96	96	(2) a social security card;
97	97	(3) a pilot's license issued by the Federal Aviation
98	98	Administration;
99	99	(4) a license to carry a concealed handgun issued by
100	100	the department;
101	101	(5) an original or certified copy of a birth
102	102	certificate issued by an agency of another state or territory of the
103	103	United States, the District of Columbia, or a province of Canada;
104	104	(6) an original or certified copy of a Consular Report
105	105	of Birth Abroad of a Citizen of the United States;
106	106	(7) a driver's license or identification certificate
107	107	or card issued by another state or a territory of the United States,
108	108	the District of Columbia, or a province of Canada that expired
109	109	within the preceding two years;
110	110	(8) a consular document issued by a state or national
111	111	government;
112	112	(9) an offender identification card or similar form of
113	113	identification issued to an inmate by the Texas Department of
114	114	Criminal Justice;
115	115	(10) a utility bill for water, sewer, electricity,
116	116	gas, telephone, or cable service that was issued in the preceding 60
117	117	days and bears the applicant's street address in this state;
118	118	(11) an unexpired credit card or debit card that bears
119	119	a photograph of the applicant;
120	120	(12) a monthly statement issued in the preceding 60
121	121	days by a bank, credit union, or other financial institution that
122	122	bears the applicant's street address in this state;
123	123	(13) immunization records; or
124	124	(14) one or more expired documents issued by a state,
125	125	territory, district, province, or government that would qualify as
126	126	a form of primary or secondary identification if unexpired.
127	127	(e) The department may determine that a document that is not
128	128	included in Subsection (a), (b), or (c) may be accepted as evidence
129	129	of an applicant's identity or residency in this state. The
130	130	department may not require an applicant to provide a document that
131	131	is not included in those subsections.
132	132	(f) The department shall accept an unexpired license or
133	133	personal identification certificate issued to the applicant by the
134	134	department as sufficient proof of the identity and residency of an
135	135	applicant for a renewal or duplicate license or personal
136	136	identification certificate and may not require the applicant to
137	137	provide additional information to establish identity or residency.
138	138	(g) To the extent of a conflict between this section and
139	139	another provision of this chapter, this section controls.
140	140	SECTION 3. The changes in law made by this Act apply only to
141	141	an application for a driver's license or personal identification
142	142	certificate that is filed on or after the effective date of this
143	143	Act. An application for a driver's license or personal
144	144	identification certificate that was filed before the effective date
145	145	of this Act is subject to the law in effect on the date the
146	146	application was filed, and the former law is continued in effect for
147	147	that purpose.
148	148	SECTION 4. This Act takes effect September 1, 2009.