By: Birdwell S.B. No. 1733
(In the Senate - Filed March 9, 2017; March 23, 2017, read
first time and referred to Committee on Business & Commerce;
April 24, 2017, reported favorably by the following vote: Yeas 7,
Nays 2; April 24, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to recognition of certain identification documents by
governmental officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 620 to read as follows:
CHAPTER 620. RECOGNITION OF CERTAIN IDENTIFICATION DOCUMENTS
Sec. 620.001. DEFINITIONS. In this chapter:
(1) "Governmental entity" means:
(A) the state;
(B) a political subdivision of the state,
including a municipality, a county, or any kind of district; or
(C) an institution, board, commission, office,
department, court, or other agency:
(i) in the executive, judicial, or
legislative branch of state government, including an institution of
higher education as defined by Section 61.003, Education Code; or
(ii) of a political subdivision of the
state.
(2) "Governmental official" means an employee, agent,
or elected or appointed official of a governmental entity. The term
does not include an election officer accepting a voter under
Chapter 63, Election Code.
Sec. 620.002. RECOGNITION OF CERTAIN IDENTIFICATION
DOCUMENTS BY GOVERNMENTAL OFFICIALS. (a) A governmental official
may not accept, rely on, or otherwise use an identification
document for the purpose of determining a person's identity or
residency unless the document is expressly authorized for that
purpose under Subsection (b).
(b) The secretary of state by rule shall specify the
identification documents that may be accepted by a governmental
official. Rules adopted under this subsection:
(1) may not authorize an identification document
issued by a political subdivision of this state; and
(2) must require that foreign identification
documents include appropriate security measures to ensure
authenticity.
Sec. 620.003. CERTAIN IDENTIFICATION DOCUMENT POLICIES
PROHIBITED. (a) A governmental entity may not adopt or enforce a
rule, ordinance, order, policy, or other measure that is
inconsistent with Section 620.002.
(b) A rule, ordinance, order, policy, or other measure that
is inconsistent with Section 620.002 is void.
Sec. 620.004. EFFECT ON ELECTION LAW. This chapter may not
be construed to have any effect on state election law, including the
acceptable forms of photo identification under Chapter 63, Election
Code.
SECTION 2. This Act takes effect September 1, 2017.
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