86R3718 BEE-D
By: Neave H.B. No. 623
A BILL TO BE ENTITLED
AN ACT
relating to an exemption for a homeless individual from the payment
of a fee for the issuance of a driver's license or personal
identification certificate.
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 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 (f) and (i), a
homeless individual is entitled to an exemption from the payment of
fees under this chapter for the issuance of a driver's license or
personal identification certificate.
(c) For the purposes of this section, a person's status as a
homeless individual must be confirmed by a notarized affidavit
from:
(1) an employee of a homeless shelter or transitional
housing facility;
(2) an employee of an organization that provides to
homeless individuals or assists homeless individuals in obtaining
services such as health services, mental or behavioral health
services, substance abuse services, public assistance services, or
employment services;
(3) an attorney licensed to practice law in this
state;
(4) a peace officer who is an official homeless
liaison;
(5) an employee of a faith-based organization that
provides benefits or services to homeless individuals; or
(6) a counselor or administrator at a school attended
by the homeless individual.
(d) A person may not charge a fee for the affidavit
described by Subsection (c).
(e) An affidavit described by Subsection (c) may not be used
for a driver's license or personal identification certificate
application if the affidavit was signed more than 60 days before the
date the application is submitted.
(f) Subsection (b) does not apply to a person subject to the
registration requirements of Chapter 62, Code of Criminal
Procedure.
(g) For each exemption granted under this section the
department shall deposit to the credit of the Texas mobility fund an
amount from the identification fee exemption account under
Subsection (h) that is equal to the amount of the waived fee that
would otherwise be deposited to the mobility fund.
(h) The identification fee exemption account is created as
an account in the general revenue fund of the state treasury. The
fund consists of grants and donations made to the department for the
purposes of this section. The department shall administer the
account. Money in the account may be appropriated for the purposes
of Subsection (g).
(i) The department may not grant an exemption under this
section if money is not available in the identification fee
exemption account to meet the requirements of Subsection (g).
SECTION 2. This Act takes effect September 1, 2019.