Texas 2021 - 87th Regular

Texas Senate Bill SB798 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 798
	1	+	By: Nelson, et al. S.B. No. 798
	2	+	(Neave)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the issuance of a birth record, driver's license, or
6	8		personal identification certificate to victims and the children of
7	9		victims of family or dating violence.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter A, Chapter 191, Health and Safety
10	12		Code, is amended by adding Section 191.00491 to read as follows:
11	13		Sec. 191.00491. BIRTH RECORD ISSUED TO VICTIMS AND CHILDREN
12	14		OF VICTIMS OF DATING OR FAMILY VIOLENCE. On request of an
13	15		individual described by this section, the state registrar, a local
14	16		registrar, or a county clerk shall issue, without payment of a fee,
15	17		a certified copy of the individual's birth record to:
16	18		(1) a victim of dating violence as defined by Section
17	19		71.0021, Family Code;
18	20		(2) a victim of family violence as defined by Section
19	21		51.002, Human Resources Code; or
20	22		(3) a child of a victim described by Subdivision (1) or
21	23		(2).
22	24		SECTION 2. Subchapter E, Chapter 521, Transportation Code,
23	25		is amended by adding Section 521.1016 to read as follows:
24	26		Sec. 521.1016. PERSONAL IDENTIFICATION CERTIFICATE ISSUED
25	27		TO VICTIMS AND CHILDREN OF VICTIMS OF DATING OR FAMILY VIOLENCE.
26	28		(a) In this section:
27	29		(1) "Advocate" has the meaning assigned by Section
28	30		93.001, Family Code.
29	31		(2) "Victim of dating violence" means the victim of
30	32		violence described by Section 71.0021, Family Code.
31	33		(3) "Victim of family violence" has the meaning
32	34		assigned by Section 51.002, Human Resources Code.
33	35		(b) This section applies to the application for a personal
34	36		identification certificate only for a victim of dating violence, a
35	37		victim of family violence, or the child of a victim of dating or
36	38		family violence.
37	39		(c) Notwithstanding Section 521.101, Section 521.1426, or
38	40		any other provision of this chapter, an individual described by
39	41		Subsection (b) may, in applying for a personal identification
40	42		certificate:
41	43		(1) provide a copy of the individual's birth
42	44		certificate as proof of the individual's identity and United States
43	45		citizenship, as applicable; and
44	46		(2) if the individual does not have a residence or
45	47		domicile, provide a letter certifying the individual is homeless
46	48		issued by:
47	49		(A) an advocate;
48	50		(B) a licensed mental health services provider
49	51		who examined and evaluated the individual; or
50	52		(C) the director of an emergency shelter or
51	53		transitional housing program funded by the United States Department
52	54		of Housing and Urban Development or through the Victims of Crime Act
53	55		of 1984 (Title II, Pub. L. No. 98-473).
54	56		(d) The department shall exempt an individual described by
55	57		Subsection (b) from the payment of any fee for the issuance of a
56	58		personal identification certificate under this chapter, subject to
57	59		Section 521.4265.
58	60		SECTION 3. Section 521.1811, Transportation Code, is
59	61		amended to read as follows:
60	62		Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR YOUTH,
61	63		[OR] HOMELESS CHILD OR YOUTH, OR VICTIM OR CHILD OF VICTIM OF DATING
62	64		OR FAMILY VIOLENCE. A person is exempt from the payment of any fee
63	65		for the issuance of a driver's license, as provided under this
64	66		chapter, if that person is:
65	67		(1) younger than 18 years of age and in the managing
66	68		conservatorship of the Department of Family and Protective
67	69		Services;
68	70		(2) at least 18 years of age, but younger than 21 years
69	71		of age, and resides in a foster care placement, the cost of which is
70	72		paid by the Department of Family and Protective Services; [or]
71	73		(3) a homeless child or youth as defined by 42 U.S.C.
72	74		Section 11434a;
73	75		(4) a victim of dating violence as defined by Section
74	76		71.0021, Family Code;
75	77		(5) a victim of family violence as defined by Section
76	78		51.002, Human Resources Code; or
77	79		(6) a child of a victim described by Subdivision (4) or
78	80		(5).
79	81		SECTION 4. Sections 521.4265(b) and (c), Transportation
80	82		Code, are amended to read as follows:
81	83		(b) For each exemption granted under Section 521.1015,
82	84		521.1016, or 521.1811, the department shall deposit to the credit
83	85		of the Texas mobility fund an amount from the identification fee
84	86		exemption account under Subsection (a) that is equal to the amount
85	87		of the waived fee that would otherwise be deposited to the mobility
86	88		fund.
87	89		(c) The department may not grant an exemption under Section
88	90		521.1015, 521.1016, or 521.1811 if money is not available in the
89	91		identification fee exemption account to meet the requirements of
90	92		Subsection (b).
91	93		SECTION 5. The changes in law made by this Act apply to an
92	94		application for a birth record, driver's license, or personal
93	95		identification certificate submitted on or after the effective date
94	96		of this Act. An application for a birth record, driver's license,
95	97		or personal identification certificate submitted before the
96	98		effective date of this Act is governed by the law in effect on the
97	99		date the application was submitted, and the former law is continued
98	100		in effect for that purpose.
99	101		SECTION 6. This Act takes effect September 1, 2021.
100		-	______________________________ ______________________________
101		-	President of the Senate Speaker of the House
102		-	I hereby certify that S.B. No. 798 passed the Senate on
103		-	April 9, 2021, by the following vote: Yeas 31, Nays 0.
104		-	______________________________
105		-	Secretary of the Senate
106		-	I hereby certify that S.B. No. 798 passed the House on
107		-	May 24, 2021, by the following vote: Yeas 133, Nays 10, one
108		-	present not voting.
109		-	______________________________
110		-	Chief Clerk of the House
111		-	Approved:
112		-	______________________________
113		-	Date
114		-	______________________________
115		-	Governor