82R28219 AJZ-D
By: Watson, et al. S.B. No. 876
(Naishtat)
Substitute the following for S.B. No. 876: No.
A BILL TO BE ENTITLED
AN ACT
relating to the fee for a personal identification certificate for a
homeless individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter R, Chapter 521, Transportation Code,
is amended by adding Section 521.4265 to read as follows:
Sec. 521.4265. EXEMPTION FOR A HOMELESS INDIVIDUAL.
(a) In this section, "homeless individual":
(1) means an individual who:
(A) lacks a fixed, regular, and adequate
nighttime residence; or
(B) has a primary nighttime residence that is:
(i) a supervised publicly or privately
operated shelter designed to provide temporary living
accommodations, including welfare hotels, congregate shelters, and
transitional housing for the mentally ill;
(ii) an institution that provides a
temporary residence for individuals intended to be
institutionalized; or
(iii) a public or private place not
designed for, or ordinarily used as, a regular sleeping
accommodation for human beings; and
(2) does not include an individual who is imprisoned
or otherwise detained in a correctional facility.
(b) Except as provided by Subsections (e) and (g), a
homeless individual is entitled to an exemption from the payment of
fees under this chapter for the issuance of a personal
identification certificate.
(c) For the purposes of this section, a person's status as a
homeless individual may be verified by an affidavit from:
(1) an employee of an organization that receives
funding from the federal government, this state, or a county or
municipality to provide services to homeless individuals;
(2) an employee of a faith-based organization that
provides services to homeless individuals;
(3) an attorney licensed to practice law in this
state; or
(4) a public school homeless liaison, public school
counselor, or public school social worker.
(d) A person may not charge a fee for the affidavit
described by Subsection (c).
(e) Subsection (b) does not apply to a person subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure.
(f) A homeless individual may receive only one exemption.
(g) For each exemption granted under this section the
department shall deposit to the credit of the Texas mobility fund
the amount of the waived fee that would otherwise be deposited to
that account. The department:
(1) shall establish a separate account for the purpose
of administering this subsection;
(2) may accept grants and donations to meet the
requirements of this subsection; and
(3) may not grant an exemption under this section if
money is not available in the account to meet the requirements of
this subsection.
SECTION 2. This Act takes effect September 1, 2011.