By: Gonzales H.B. No. 3199
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of driver's licenses and personal
identification certificates, including the use of electronically
readable information; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521, Transportation Code, is amended by
adding Section 521.033 to read as follows:
Sec. 521.033. SECURE DRIVERS LICENSE OR PERSONAL
IDENTIFICATION CERTIFICATE. (a) The department shall issue a
secure driver's license or personal identification certificate for
the purpose of verifying:
(1) the on-site identity and credentials of first
responders and other emergency personnel, as determined by the
department;
(2) the identity of an applicant for the provision of
state and federal government program benefits; and
(3) the identity of the holder when using the secure
electronic features of the document, as determined by the
department.
(b) A secure driver's license and personal identification
certificate must incorporate an integrated circuit chip and comply
with ISO/IEC 1803-2:2008 or a successor standard.
(c) The department shall continue to issue a standard
driver's license and personal identification certificate and offer
each applicant the option of receiving:
(1) a standard driver's license or personal
identification certificate;
(2) an enhanced driver's license or personal
identification certificate;
(3) a secure driver's license or personal
identification certificate.
(d) The department shall implement a one-to-one and
one-to-many biometric matching system for the secure driver's
license or personal identification certificate. An applicant for a
secure driver's license or personal identification certificate
must submit a biometric identifier as designated by the department.
(e) An applicant for a secure driver's license or personal
identification certificate must sign a declaration acknowledging
the applicant's understanding of the one-to-many biometric match.
(f) The secure driver's license or personal identification
certificate must include security measures to protect the privacy
of the license or certificate holders, including reasonable
safeguards to protect against the unauthorized disclosure of
information about the holders. The secure driver's license or
personal identification certificate must conform with
interoperability standards and be Common Criteria Level 4+
certified by an accredited lab or a successor standard. If the
secure driver's license or personal identification certificate
includes an integrated circuit chip, the department shall ensure
that the data stored in the chip is encrypted or otherwise secure
from unauthorized information access.
(g) A secure driver's license or personal identification
certificate must include;
(1) card body construction conforming to ISO 7810 or
an updated standard and be constructed with a substrate to ensure a
life expectancy of not less than six years;
(2) a security overlay applied to protect personalized
information printed on the card if the information is applied to the
card using dye sublimation, ink jet, or thermal retransfer;
(3) a single secure microchip that:
(A) contains a minimum of 128kb of non-volatile
memory supporting dual-interface technology conforming to ISO 7816
and ISO 14443 standards;
(B) conforms to the General Services
Administration's Approved Product List (APL) certified FIPS 201
Personal Identity Verification application, and updates to that
list;
(4) the use of cryptographic services compliant with
FIPS140-2 Certified to Level 3, and updates to that standard; and
(5) the use of lifecycle management operations that
conform to Global Platform V2.2.2, and updates to that standard,
and support not fewer than four security domains.
(h) The requirements of this section are in addition to any
other requirements imposed on applicants for a driver's license or
personal identification certificate. The department shall adopt
rules necessary to implement this section. The department shall
periodically review technological innovations related to the
security of driver's license and personal identification
certificates and amend the rules as appropriate, consistent with
this section, to protect the privacy of driver's license and
personal identification certificate holders.
(i) The department may set a fee for issuance of a secure
driver's license or personal identification certificate in a
reasonable amount necessary to implement and administer this
section.
(j) The department may enter into a memorandum of
understanding with any federal agency for the purposes of
facilitating the use of the secure electronic features of the
secure driver's license or personal identification certificate.
(k) A person may not sell or otherwise disclose information
accessed from a secure driver's license or personal identification
certificate to another person or an affiliate of the person. This
subsection does not apply to a financial institution described by
Section 521.126(e).
(l) The department shall create a task force to develop a
plan for the implementation of this section consistent with the
following;
(1) The task force shall seek input from other state
agencies, legislative members and industry.
(2) The Task force shall begin planning operations no
later than September 1, 2013 and issue a final implementation plan
by September 1, 2014.
(m) The Department shall begin to issue a secure driver's
license as described by this Chapter no later than June 1, 2015.
SECTION 2. Section 521.052, Transportation Code, is amended
to read as follows:
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
PROHIBITED. Except as provided by Sections 521.033, 521.045,
521.046, 521.0475, 521.049(c), 521.050, and by Chapter 730, the
department may not disclose information from the department's files
that relates to personal information, as that term is defined by
Section 730.003.
SECTION 3. Section 521.055(a), (b) and (c), Transportation
Code, are amended to read as follows:
(a) The department may establish a system, separate from the
department's mainframe computer, that will allow interactive
access to certain driver's license record information or
verification of identity and other information under Section
521.033.
(b) The system may provide for the release of driving
records described in:
(1) Section 521.033;
(2) Section 521.045;
(3) [(3)] Section 521.046;
(4) [(3)] Section 521.047; and
(5) [(4)] Section 521.0475.
(c) The department may set a fee for accessing information
under Subsection (b)(1). The fee for a driving record under
Subsection (b)(2) [(b)(1)] is $2.50. The fee for a driving record
under Subsection (b)(3) [(b)(2)] is $4.50. The fee for a driving
record under Subsection (b)(4) [(b)(3)] is $5.50. The fee for a
driving record under Subsection (b)(5) [(b)(4)] is $20.
SECTION 4. Section 521.121(a), Transportation Code, is
amended to read as follows:
Sec. 521.121. GENERAL INFORMATION ON DRIVER'S LICENSE.
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a [color] photograph or image of the entire face of
the holder that complies with the personal identification standards
developed by the American Association of Motor Vehicle
Administrators;
(3) the [full] name and date of birth of the holder;
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (c), the street
address of the courthouse in which the license holder or license
holder's spouse serves as a federal judge or state judge.
SECTION 5. The heading to Section 521.1211, Transportation
Code, is amended as follows:
Sec. 521.1211. DRIVER'S LICENSE FOR PEACE OFFICERS AND
FIRST RESPONDERS [OFFICER].
SECTION 6. Section 521.1211, Transportation Code, is
amended to read as follows:
(a) In this section:
(1) "Peace [, "peace] officer" has the meaning
assigned by Article 2.12, Code of Criminal Procedure.
(2) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(b) Notwithstanding Section 521.121(a), the department by
rule shall adopt procedures for the issuance of a driver's license
to a peace officer that omits the license holder's actual residence
address and includes, as an alternative, an address that is in the
municipality or county of the peace officer's residence and is
acceptable to the department.
(c) To be issued a driver's license under this section, a
peace officer must apply to the department and provide sufficient
evidence acceptable to the department to establish the applicant's
status as a peace officer. On issuance of the license, the license
holder shall surrender any other driver's license issued to the
holder by the department.
(d) If the holder of a driver's license that includes an
alternative address moves to a new residence or if the name of the
person is changed by marriage or otherwise, the license holder
shall, not later than the 30th day after the date of the address or
name change, notify the department and provide the department with
the number of the person's driver's license and, as applicable, the
person's:
(1) former and new addresses; or
(2) former and new names.
(e) If the holder of a driver's license that includes an
alternative address ceases to be a peace officer, the license
holder shall, not later than the 30th day after the date of the
status change, apply to the department for issuance of a duplicate
license. The duplicate license must include the person's actual
current residence address.
(f) The department shall issue a drivers license under this
Section consistent with the previsions of Sec. 521.033,
Transportation Code.
SECTION 7. Section 521.126(d), Transportation Code, is
amended to read as follows:
(d) The prohibition provided by Subsection (b) does not
apply to a person who accesses, uses, complies, or maintains a
database of the information for a law enforcement or governmental
purpose, including:
(1) an officer or employee of the department carrying
out law enforcement or government purposes;
(2) a peace officer, as defined by Article 2.12, Code
of Criminal Procedure, acting in the officer's official capacity;
(3) a license deputy, as defined by Section 12.702,
Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
other similar items through use of a point-of-sale system under
Section 12.703, Parks and Wildlife Code;
(4) a person acting as authorized by Section 109.61,
Alcoholic Beverage Code;
(5) a person establishing the identity of a voter
under Chapter 63, Election Code;
(6) a person acting as authorized by Section 161.0825,
Health and Safety Code; [or]
(7) a person screening an individual who will work
with or have access to children if the person is an employee or an
agent of an employee of a public school district or an organization
exempt from federal income tax under Section 501(c)(3), Internal
Revenue Code of 1986, [as amended,] that sponsors a program for
youth; or
(8) a person verifying information on a secure
driver's license or personal identification certificate as
described by Section 521.033.
SECTION 8. This Act takes effect September 1, 2013.