Texas 2021 - 87th Regular

Texas Senate Bill SB1107 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1755 JAM-D
2	2	By: Zaffirini, Menéndez S.B. No. 1107
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a birth record, driver's license, or
8	8	personal identification certificate to a homeless individual.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 191.0049, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 191.0049. BIRTH RECORD ISSUED TO FOSTER CHILD OR YOUTH
13	13	OR HOMELESS INDIVIDUAL [CHILD OR YOUTH]. (a) On request of an
14	14	individual [a child or youth] described by this section, the state
15	15	registrar, a local registrar, or a county clerk shall issue,
16	16	without fee or parental consent, a certified copy of the
17	17	individual's [child's or youth's] birth record to:
18	18	(1) a homeless child or youth as defined by 42 U.S.C.
19	19	Section 11434a;
20	20	(2) a child in the managing conservatorship of the
21	21	Department of Family and Protective Services; [and]
22	22	(3) a young adult who:
23	23	(A) is at least 18 years of age, but younger than
24	24	21 years of age; and
25	25	(B) resides in a foster care placement, the cost
26	26	of which is paid by the Department of Family and Protective
27	27	Services; and
28	28	(4) a homeless individual as defined by Section
29	29	521.184, Transportation Code.
30	30	(b) The department by rule shall:
31	31	(1) adopt a process to verify a person's status as a
32	32	homeless individual described by Subsection (a)(4); and
33	33	(2) prescribe the documentation necessary for the
34	34	issuance of a certified copy of a birth record to a homeless
35	35	individual whose status is verified through the process adopted
36	36	under Subdivision (1).
37	37	(c) Notwithstanding any other law of this state, the
38	38	department may not require a homeless individual described by
39	39	Subsection (a)(4) to provide a physical address of the individual's
40	40	residence to satisfy any requirement of this section.
41	41	SECTION 2. Subchapter I, Chapter 521, Transportation Code,
42	42	is amended by adding Section 521.184 to read as follows:
43	43	Sec. 521.184. ISSUANCE OF LICENSE OR CERTIFICATE TO
44	44	HOMELESS INDIVIDUAL. (a) In this section, "homeless individual":
45	45	(1) means an individual who:
46	46	(A) lacks a fixed, regular, and adequate
47	47	nighttime residence; or
48	48	(B) has a primary nighttime residence that is:
49	49	(i) a supervised publicly or privately
50	50	operated shelter designed to provide temporary living
51	51	accommodations, including welfare hotels, congregate shelters, and
52	52	transitional housing for the mentally ill;
53	53	(ii) an institution that provides a
54	54	temporary residence for individuals intended to be
55	55	institutionalized; or
56	56	(iii) a public or private place not
57	57	designed for, or ordinarily used as, a regular sleeping
58	58	accommodation for human beings; and
59	59	(2) does not include an individual who is imprisoned
60	60	or otherwise detained in a correctional facility.
61	61	(b) The department by rule shall:
62	62	(1) adopt a process to verify a person's status as a
63	63	homeless individual;
64	64	(2) prescribe the documentation necessary for the
65	65	issuance of a driver's license or personal identification
66	66	certificate to a homeless individual; and
67	67	(3) exempt a homeless individual from the payment of
68	68	fees under this chapter for the issuance of a driver's license or
69	69	personal identification certificate, subject to Section 521.4265.
70	70	(c) Notwithstanding any other law of this state and to the
71	71	extent permitted under federal law, the department may not require
72	72	a homeless individual to provide a physical address of the
73	73	individual's residence to satisfy any requirement of this chapter.
74	74	(d) Rules adopted under this section regarding the issuance
75	75	of a personal identification certificate to a homeless child or
76	76	youth, as defined by Section 521.1015, must be consistent with the
77	77	provisions of that section.
78	78	SECTION 3. Sections 521.4265(b) and (c), Transportation
79	79	Code, are amended to read as follows:
80	80	(b) For each exemption granted under Section 521.1015, [or]
81	81	521.1811, or 521.184, the department shall deposit to the credit of
82	82	the Texas mobility fund an amount from the identification fee
83	83	exemption account under Subsection (a) that is equal to the amount
84	84	of the waived fee that would otherwise be deposited to the mobility
85	85	fund.
86	86	(c) The department may not grant an exemption under Section
87	87	521.1015, [or] 521.1811, or 521.184 if money is not available in the
88	88	identification fee exemption account to meet the requirements of
89	89	Subsection (b).
90	90	SECTION 4. The changes in law made by this Act apply to an
91	91	application for a birth record, driver's license, or personal
92	92	identification certificate submitted on or after the effective date
93	93	of this Act. An application for a birth record, driver's license,
94	94	or personal identification certificate submitted before the
95	95	effective date of this Act is governed by the law in effect on the
96	96	date the application was submitted, and the former law is continued
97	97	in effect for that purpose.
98	98	SECTION 5. This Act takes effect September 1, 2021.