82R10523 VOO-D
By: McClendon H.B. No. 2026
A BILL TO BE ENTITLED
AN ACT
relating to the proof of identity and residency required of an
applicant for a driver's license or personal identification
certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.142(a), Transportation Code, is
amended to read as follows:
(a) An application for an original license must state the
applicant's full name and place and date of birth. This
information must be verified by presentation of proof of identity
satisfactory to the department and in compliance with the laws and
constitution of this state and the United States. The department
must accept as satisfactory proof of identity under this subsection
an offender identification card or similar form of identification
issued to an inmate by the Texas Department of Criminal Justice [if
the applicant also provides supplemental verifiable records or
documents that aid in establishing identity].
SECTION 2. Subchapter G, Chapter 521, Transportation Code,
is amended by adding Section 521.1422 to read as follows:
Sec. 521.1422. EVIDENCE OF IDENTITY AND RESIDENCY. (a)
Except as provided by Subsection (f), an applicant for an original,
duplicate, or renewal license or an original, duplicate, or renewal
personal identification certificate must provide the department
with:
(1) one piece of primary identification;
(2) two pieces of secondary identification, one of
which provides evidence of the applicant's identity and one of
which provides evidence of the applicant's current residence
address in this state; or
(3) if the applicant's identity and current residence
address in this state cannot be established by the identification
provided under Subdivision (1) or (2), or both, one piece of
secondary identification that provides evidence of the applicant's
identity or the applicant's current residence address in this state
and two pieces of supporting identification that provide evidence
of the applicant's identity and residence address.
(b) If the document contains the applicant's full name and
date of birth, the department shall accept the following as primary
identification under Subsection (a)(1):
(1) an unexpired driver's license or personal
identification certificate issued by the department that bears a
photograph of the applicant;
(2) an unexpired United States passport;
(3) a United States citizenship or naturalization
certificate that bears a photograph of the applicant;
(4) an unexpired United States Bureau of Citizenship
and Immigration Services document that bears a photograph of the
applicant;
(5) an unexpired United States military
identification card that bears a photograph of the applicant;
(6) a passport issued by a foreign country,
accompanied by a visa issued by the United States Department of
State with an unexpired I-94 marked valid for a fixed duration; or
(7) a passport issued by a foreign country,
accompanied by a visa issued by the United States Department of
State with an I-94 marked valid for the duration of stay and
appropriate documentation.
(c) The department shall accept the following as secondary
identification under Subsection (a)(2) or (3), if the name of the
applicant is shown:
(1) an unexpired driver's license or identification
card or certificate issued by another state or territory of the
United States, the District of Columbia, or a province of Canada
that bears a photograph of the applicant;
(2) an original or certified copy of a court order from
a court in this or another state of the United States that shows the
name and date of birth of the applicant and indicates that the court
authorized or required a change in the official recordation of the
applicant's name, gender, or both;
(3) school records, including a student
identification card issued by a public, private, or parochial
school, college, or university;
(4) United States military records;
(5) an unexpired United States military dependant
identification card;
(6) an original or certified copy of a marriage
license or divorce decree;
(7) a voter registration card;
(8) a driver's license temporary receipt issued by the
department;
(9) a motor vehicle liability insurance policy
covering a vehicle that satisfies Subchapter D, Chapter 601, and
was issued within the preceding six months, or a photocopy of the
policy; or
(10) a receipt for the payment of ad valorem taxes
imposed on residential property in this state that lists the
applicant as the owner or a joint owner of the property and includes
the street address of the property.
(d) The department shall accept the following as supporting
identification under Subsection (a)(3) if the name of the applicant
is shown:
(1) an insurance policy that has been in effect for at
least two years, or a photocopy of the policy;
(2) a social security card;
(3) a pilot's license issued by the Federal Aviation
Administration;
(4) a license to carry a concealed handgun issued by
the department;
(5) an original or certified copy of a birth
certificate issued by an agency of this state, another state or
territory of the United States, the District of Columbia, or a
province of Canada;
(6) an original or certified copy of a Consular Report
of Birth Abroad of a Citizen of the United States of America;
(7) a driver's license or identification certificate
or card issued by another state or a territory of the United States,
the District of Columbia, or a province of Canada that expired
within the preceding two years;
(8) a consular document issued by a state or national
government;
(9) a utility bill for water, sewer, electricity, gas,
telephone, or cable service that was issued in the preceding 60 days
and bears the applicant's street address in this state;
(10) an unexpired credit card or debit card that bears
a photograph of the applicant;
(11) a monthly statement issued in the preceding 60
days by a bank, credit union, or other financial institution that
bears the applicant's street address in this state;
(12) immunization records; or
(13) one or more expired documents issued by a state,
territory, district, province, or government that would qualify as
a form of primary or secondary identification if unexpired.
(e) The department may determine that a document that is not
included in Subsection (a), (b), or (c) may be accepted as evidence
of an applicant's identity or residency in this state. The
department may not require an applicant to provide a document that
is not included in those subsections.
(f) The department shall accept an unexpired license or
personal identification certificate issued to the applicant by the
department as sufficient proof of the identity and residency of an
applicant for a renewal or duplicate license or personal
identification certificate and may not require the applicant to
provide additional information to establish identity or residency.
(g) To the extent of a conflict between this section and
another provision of this chapter, this section controls.
SECTION 3. The changes in law made by this Act apply only to
an application for a driver's license or personal identification
certificate that is filed on or after the effective date of this
Act. An application for a driver's license or personal
identification certificate that was filed before the effective date
of this Act is subject to the law in effect on the date the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2011.