| 1 | 1 | | By: Phillips (Senate Sponsor - Williams) H.B. No. 2256 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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| 3 | 3 | | May 5, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Transportation and Homeland Security; May 20, 2011, reported |
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| 5 | 5 | | favorably by the following vote: Yeas 9, Nays 0; May 20, 2011, sent |
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| 6 | 6 | | to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to abating or deferring the suspension or revocation of a |
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| 12 | 12 | | license issued by the Department of Public Safety for victims of |
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| 13 | 13 | | identity theft. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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| 16 | 16 | | amended by adding Section 411.0206 to read as follows: |
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| 17 | 17 | | Sec. 411.0206. ABATEMENT OR DEFERRAL FOR VICTIMS OF |
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| 18 | 18 | | IDENTITY THEFT. (a) In this section: |
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| 19 | 19 | | (1) "License" means a license, certificate, permit, or |
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| 20 | 20 | | other authorization issued by the department. |
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| 21 | 21 | | (2) "Victim of identity theft" means an individual who |
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| 22 | 22 | | has filed a criminal complaint alleging the commission of an |
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| 23 | 23 | | offense under Section 32.51, Penal Code, other than a person who is |
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| 24 | 24 | | convicted of an offense under Section 37.08, Penal Code, with |
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| 25 | 25 | | respect to that complaint. |
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| 26 | 26 | | (b) The department may abate or defer a mandatory suspension |
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| 27 | 27 | | or revocation of a license if the license holder presents evidence |
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| 28 | 28 | | acceptable to the department that: |
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| 29 | 29 | | (1) the license holder is the victim of identity |
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| 30 | 30 | | theft; and |
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| 31 | 31 | | (2) the person against whom a criminal complaint |
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| 32 | 32 | | alleging the commission of an offense under Section 32.51, Penal |
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| 33 | 33 | | Code, has been filed, and not the license holder, engaged in the act |
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| 34 | 34 | | or omission that mandates the suspension or revocation. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2011. |
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| 40 | 40 | | * * * * * |
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