| 1 | 1 | | 87R9838 JAM-D |
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| 2 | 2 | | By: Neave H.B. No. 3292 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of a driver's license or personal |
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| 8 | 8 | | identification certificate to a homeless individual. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter I, Chapter 521, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 521.184 to read as follows: |
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| 12 | 12 | | Sec. 521.184. ISSUANCE OF LICENSE OR CERTIFICATE TO |
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| 13 | 13 | | HOMELESS INDIVIDUAL. (a) In this section, "homeless individual": |
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| 14 | 14 | | (1) means an individual who: |
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| 15 | 15 | | (A) lacks a fixed, regular, and adequate |
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| 16 | 16 | | nighttime residence; or |
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| 17 | 17 | | (B) has a primary nighttime residence that is: |
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| 18 | 18 | | (i) a supervised publicly or privately |
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| 19 | 19 | | operated shelter designed to provide temporary living |
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| 20 | 20 | | accommodations, including welfare hotels, congregate shelters, and |
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| 21 | 21 | | transitional housing for the mentally ill; |
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| 22 | 22 | | (ii) an institution that provides a |
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| 23 | 23 | | temporary residence for individuals intended to be |
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| 24 | 24 | | institutionalized; or |
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| 25 | 25 | | (iii) a public or private place not |
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| 26 | 26 | | designed for, or ordinarily used as, a regular sleeping |
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| 27 | 27 | | accommodation for human beings; and |
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| 28 | 28 | | (2) does not include an individual who is imprisoned |
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| 29 | 29 | | or otherwise detained in a correctional facility. |
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| 30 | 30 | | (b) Except as provided by Subsection (f) and subject to |
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| 31 | 31 | | Section 521.4265, a homeless individual is entitled to an exemption |
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| 32 | 32 | | from the payment of fees under this chapter for the issuance of a |
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| 33 | 33 | | driver's license or personal identification certificate. |
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| 34 | 34 | | (c) For the purposes of this section, a person's status as a |
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| 35 | 35 | | homeless individual must be confirmed by a notarized affidavit |
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| 36 | 36 | | from: |
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| 37 | 37 | | (1) an employee of a homeless shelter or transitional |
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| 38 | 38 | | housing facility; |
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| 39 | 39 | | (2) an employee of an organization that provides to |
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| 40 | 40 | | homeless individuals or assists homeless individuals in obtaining |
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| 41 | 41 | | services such as health services, mental or behavioral health |
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| 42 | 42 | | services, substance abuse services, public assistance services, or |
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| 43 | 43 | | employment services; |
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| 44 | 44 | | (3) an attorney licensed to practice law in this |
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| 45 | 45 | | state; |
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| 46 | 46 | | (4) a peace officer who is an official homeless |
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| 47 | 47 | | liaison; |
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| 48 | 48 | | (5) an employee of a faith-based organization that |
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| 49 | 49 | | provides benefits or services to homeless individuals; or |
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| 50 | 50 | | (6) a counselor or administrator at a school attended |
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| 51 | 51 | | by the homeless individual. |
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| 52 | 52 | | (d) A person may not charge a fee for the affidavit |
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| 53 | 53 | | described by Subsection (c). |
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| 54 | 54 | | (e) An affidavit described by Subsection (c) may not be used |
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| 55 | 55 | | for a driver's license or personal identification certificate |
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| 56 | 56 | | application if the affidavit was signed more than 60 days before the |
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| 57 | 57 | | date the application is submitted. |
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| 58 | 58 | | (f) Subsection (b) does not apply to a person subject to the |
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| 59 | 59 | | registration requirements of Chapter 62, Code of Criminal |
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| 60 | 60 | | Procedure. |
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| 61 | 61 | | (g) Rules adopted under this section regarding the issuance |
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| 62 | 62 | | of a personal identification certificate to a homeless child or |
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| 63 | 63 | | youth, as defined by Section 521.1015, must be consistent with the |
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| 64 | 64 | | provisions of that section. |
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| 65 | 65 | | SECTION 2. Sections 521.4265(b) and (c), Transportation |
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| 66 | 66 | | Code, are amended to read as follows: |
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| 67 | 67 | | (b) For each exemption granted under Section 521.1015, [or] |
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| 68 | 68 | | 521.1811, or 521.184, the department shall deposit to the credit of |
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| 69 | 69 | | the Texas mobility fund an amount from the identification fee |
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| 70 | 70 | | exemption account under Subsection (a) that is equal to the amount |
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| 71 | 71 | | of the waived fee that would otherwise be deposited to the mobility |
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| 72 | 72 | | fund. |
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| 73 | 73 | | (c) The department may not grant an exemption under Section |
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| 74 | 74 | | 521.1015, [or] 521.1811, or 521.184 if money is not available in the |
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| 75 | 75 | | identification fee exemption account to meet the requirements of |
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| 76 | 76 | | Subsection (b). |
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| 77 | 77 | | SECTION 3. The changes in law made by this Act apply to an |
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| 78 | 78 | | application for a driver's license or personal identification |
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| 79 | 79 | | certificate submitted on or after the effective date of this Act. |
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| 80 | 80 | | An application for a driver's license or personal identification |
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| 81 | 81 | | certificate submitted before the effective date of this Act is |
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| 82 | 82 | | governed by the law in effect on the date the application was |
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| 83 | 83 | | submitted, and the former law is continued in effect for that |
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| 84 | 84 | | purpose. |
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| 85 | 85 | | SECTION 4. This Act takes effect September 1, 2021. |
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