H.B. No. 1681
AN ACT
relating to the authority of a county clerk to require an individual
to present photo identification to file certain documents in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 191, Local Government Code, is amended
by adding Section 191.010 to read as follows:
Sec. 191.010. AUTHORITY TO REQUIRE PHOTO IDENTIFICATION TO
FILE CERTAIN DOCUMENTS IN CERTAIN COUNTIES. (a) In this section,
"photo identification" means one of the following forms of photo
identification:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by any state or territory of the United States that has not expired
or that expired no earlier than 60 days before the date of
presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States Permanent Resident Card that has
not expired or that expired no earlier than 60 days before the date
of presentation;
(5) an identification card issued by a municipality
intended to serve as a general identification card for the holder
that has not expired or that expired no earlier than 60 days before
the date of presentation;
(6) a federally recognized tribal enrollment card or
other form of tribal identification that has not expired or that
expired no earlier than 60 days before the date of presentation;
(7) a United States passport or a passport issued by a
foreign government recognized by the United States issued to the
person that has not expired or that expired no earlier than 60 days
before the date of presentation; or
(8) a license to carry a concealed handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation.
(b) A county clerk in a county with a population of 3.3
million or more
may require a person presenting a document in person
for filing in the real property records of the county to present a
photo identification to the clerk. The clerk may copy the photo
identification or record information from the photo
identification. The clerk may not charge a person a fee to copy or
record the information from a photo identification.
(c) Information copied or recorded from the photo
identification is confidential.
(d) A document filed with a county clerk is not invalid
solely because the county clerk did not copy a photo identification
or record the information from the photo identification.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1681 was passed by the House on May 6,
2015, by the following vote: Yeas 142, Nays 4, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1681 on May 29, 2015, by the following vote: Yeas 143, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1681 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor