| 1 | 1 | | By: Menéndez S.B. No. 115 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the requirements for the issuance of identification |
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| 7 | 7 | | documentation for foster care youth. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 191, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 191.0049 to read as follows: |
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| 11 | 11 | | Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD; PILOT |
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| 12 | 12 | | PROGRAM. (a) In this section, "foster child" means a person who is |
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| 13 | 13 | | 16 years of age or older and in the managing conservatorship of the |
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| 14 | 14 | | Department of Family and Protective Services. |
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| 15 | 15 | | (b) On request of a foster child, the state registrar, a |
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| 16 | 16 | | local registrar, or a county clerk shall issue, without a fee, a |
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| 17 | 17 | | certified copy of the foster child's birth record. |
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| 18 | 18 | | (c) The department shall participate in a foster child |
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| 19 | 19 | | identification verification pilot program for the purpose of |
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| 20 | 20 | | issuing birth records to foster children. |
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| 21 | 21 | | (d) Under the pilot program, the department may: |
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| 22 | 22 | | (1) enter into a memorandum of understanding with the |
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| 23 | 23 | | Department of Family and Protective Services to establish an |
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| 24 | 24 | | identification verification process for foster children; and |
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| 25 | 25 | | (2) issue a birth certificate to a foster child whose |
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| 26 | 26 | | identity has been confirmed through the verification process. |
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| 27 | 27 | | (e) At the conclusion of the pilot program, the |
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| 28 | 28 | | participating agencies may agree to continue the pilot program on a |
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| 29 | 29 | | permanent basis. |
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| 30 | 30 | | (f) Not later than January 1, 2019, the department and the |
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| 31 | 31 | | Department of Family and Protective Services shall jointly issue a |
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| 32 | 32 | | report to the legislature addressing the status and effectiveness |
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| 33 | 33 | | of the pilot program. This subsection expires September 1, 2019. |
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| 34 | 34 | | SECTION 2. Subchapter E, Chapter 521, Transportation Code, |
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| 35 | 35 | | is amended by adding Section 521.1015 to read as follows: |
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| 36 | 36 | | Sec. 521.1015. PERSONAL IDENTIFICATION CERTIFICATE ISSUED |
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| 37 | 37 | | TO FOSTER CHILD. (a) In this section, "foster child" means a |
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| 38 | 38 | | person who is 16 years of age or older and in the managing |
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| 39 | 39 | | conservatorship of the Department of Family and Protective |
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| 40 | 40 | | Services. |
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| 41 | 41 | | (b) Notwithstanding Section 521.101, Section 521.1426, or |
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| 42 | 42 | | any other provision of this chapter, a foster child may, in applying |
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| 43 | 43 | | for a personal identification certificate: |
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| 44 | 44 | | (1) provide a copy of the foster child's birth |
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| 45 | 45 | | certificate or a copy of the foster child's social security card as |
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| 46 | 46 | | proof of the foster child's identity and United States citizenship, |
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| 47 | 47 | | as applicable; and |
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| 48 | 48 | | (2) use the address of the regional office where the |
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| 49 | 49 | | Department of Family and Protective Services caseworker for the |
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| 50 | 50 | | foster child is based, if the foster child: |
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| 51 | 51 | | (A) does not have a residence or domicile; or |
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| 52 | 52 | | (B) cannot show proof of the foster child's |
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| 53 | 53 | | residence or domicile. |
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| 54 | 54 | | (c) A foster child may apply for and the department may |
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| 55 | 55 | | issue a personal identification certificate without the signature |
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| 56 | 56 | | or presence of or permission from a parent or guardian of the foster |
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| 57 | 57 | | child. |
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| 58 | 58 | | (d) A foster child is exempt from the payment of any fee for |
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| 59 | 59 | | the issuance of a personal identification certificate under this |
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| 60 | 60 | | chapter. |
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| 61 | 61 | | SECTION 3. The changes in law made by this Act apply only to |
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| 62 | 62 | | a request for a birth record or an application for a personal |
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| 63 | 63 | | identification certificate submitted on or after the effective date |
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| 64 | 64 | | of this Act. A request for a birth record or an application for a |
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| 65 | 65 | | personal identification certificate submitted before the effective |
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| 66 | 66 | | date of this Act is governed by the law as it existed immediately |
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| 67 | 67 | | before the effective date of this Act, and that law is continued in |
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| 68 | 68 | | effect for that purpose. |
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| 69 | 69 | | SECTION 4. This Act takes effect September 1, 2017. |
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