| 1 | 1 | | 82R28219 AJZ-D |
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| 2 | 2 | | By: Watson, et al. S.B. No. 876 |
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| 3 | 3 | | (Naishtat) |
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| 4 | 4 | | Substitute the following for S.B. No. 876: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the fee for a personal identification certificate for a |
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| 10 | 10 | | homeless individual. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter R, Chapter 521, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 521.4265 to read as follows: |
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| 14 | 14 | | Sec. 521.4265. EXEMPTION FOR A HOMELESS INDIVIDUAL. |
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| 15 | 15 | | (a) In this section, "homeless individual": |
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| 16 | 16 | | (1) means an individual who: |
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| 17 | 17 | | (A) lacks a fixed, regular, and adequate |
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| 18 | 18 | | nighttime residence; or |
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| 19 | 19 | | (B) has a primary nighttime residence that is: |
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| 20 | 20 | | (i) a supervised publicly or privately |
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| 21 | 21 | | operated shelter designed to provide temporary living |
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| 22 | 22 | | accommodations, including welfare hotels, congregate shelters, and |
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| 23 | 23 | | transitional housing for the mentally ill; |
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| 24 | 24 | | (ii) an institution that provides a |
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| 25 | 25 | | temporary residence for individuals intended to be |
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| 26 | 26 | | institutionalized; or |
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| 27 | 27 | | (iii) a public or private place not |
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| 28 | 28 | | designed for, or ordinarily used as, a regular sleeping |
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| 29 | 29 | | accommodation for human beings; and |
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| 30 | 30 | | (2) does not include an individual who is imprisoned |
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| 31 | 31 | | or otherwise detained in a correctional facility. |
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| 32 | 32 | | (b) Except as provided by Subsections (e) and (g), a |
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| 33 | 33 | | homeless individual is entitled to an exemption from the payment of |
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| 34 | 34 | | fees under this chapter for the issuance of a personal |
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| 35 | 35 | | identification certificate. |
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| 36 | 36 | | (c) For the purposes of this section, a person's status as a |
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| 37 | 37 | | homeless individual may be verified by an affidavit from: |
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| 38 | 38 | | (1) an employee of an organization that receives |
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| 39 | 39 | | funding from the federal government, this state, or a county or |
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| 40 | 40 | | municipality to provide services to homeless individuals; |
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| 41 | 41 | | (2) an employee of a faith-based organization that |
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| 42 | 42 | | provides services to homeless individuals; |
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| 43 | 43 | | (3) an attorney licensed to practice law in this |
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| 44 | 44 | | state; or |
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| 45 | 45 | | (4) a public school homeless liaison, public school |
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| 46 | 46 | | counselor, or public school social worker. |
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| 47 | 47 | | (d) A person may not charge a fee for the affidavit |
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| 48 | 48 | | described by Subsection (c). |
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| 49 | 49 | | (e) Subsection (b) does not apply to a person subject to the |
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| 50 | 50 | | registration requirements of Chapter 62, Code of Criminal |
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| 51 | 51 | | Procedure. |
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| 52 | 52 | | (f) A homeless individual may receive only one exemption. |
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| 53 | 53 | | (g) For each exemption granted under this section the |
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| 54 | 54 | | department shall deposit to the credit of the Texas mobility fund |
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| 55 | 55 | | the amount of the waived fee that would otherwise be deposited to |
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| 56 | 56 | | that account. The department: |
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| 57 | 57 | | (1) shall establish a separate account for the purpose |
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| 58 | 58 | | of administering this subsection; |
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| 59 | 59 | | (2) may accept grants and donations to meet the |
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| 60 | 60 | | requirements of this subsection; and |
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| 61 | 61 | | (3) may not grant an exemption under this section if |
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| 62 | 62 | | money is not available in the account to meet the requirements of |
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| 63 | 63 | | this subsection. |
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| 64 | 64 | | SECTION 2. This Act takes effect September 1, 2011. |
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