S.B. No. 798
AN ACT
relating to the issuance of a birth record, driver's license, or
personal identification certificate to victims and the children of
victims of family or dating violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 191, Health and Safety
Code, is amended by adding Section 191.00491 to read as follows:
Sec. 191.00491. BIRTH RECORD ISSUED TO VICTIMS AND CHILDREN
OF VICTIMS OF DATING OR FAMILY VIOLENCE. On request of an
individual described by this section, the state registrar, a local
registrar, or a county clerk shall issue, without payment of a fee,
a certified copy of the individual's birth record to:
(1) a victim of dating violence as defined by Section
71.0021, Family Code;
(2) a victim of family violence as defined by Section
51.002, Human Resources Code; or
(3) a child of a victim described by Subdivision (1) or
(2).
SECTION 2. Subchapter E, Chapter 521, Transportation Code,
is amended by adding Section 521.1016 to read as follows:
Sec. 521.1016. PERSONAL IDENTIFICATION CERTIFICATE ISSUED
TO VICTIMS AND CHILDREN OF VICTIMS OF DATING OR FAMILY VIOLENCE.
(a) In this section:
(1) "Advocate" has the meaning assigned by Section
93.001, Family Code.
(2) "Victim of dating violence" means the victim of
violence described by Section 71.0021, Family Code.
(3) "Victim of family violence" has the meaning
assigned by Section 51.002, Human Resources Code.
(b) This section applies to the application for a personal
identification certificate only for a victim of dating violence, a
victim of family violence, or the child of a victim of dating or
family violence.
(c) Notwithstanding Section 521.101, Section 521.1426, or
any other provision of this chapter, an individual described by
Subsection (b) may, in applying for a personal identification
certificate:
(1) provide a copy of the individual's birth
certificate as proof of the individual's identity and United States
citizenship, as applicable; and
(2) if the individual does not have a residence or
domicile, provide a letter certifying the individual is homeless
issued by:
(A) an advocate;
(B) a licensed mental health services provider
who examined and evaluated the individual; or
(C) the director of an emergency shelter or
transitional housing program funded by the United States Department
of Housing and Urban Development or through the Victims of Crime Act
of 1984 (Title II, Pub. L. No. 98-473).
(d) The department shall exempt an individual described by
Subsection (b) from the payment of any fee for the issuance of a
personal identification certificate under this chapter, subject to
Section 521.4265.
SECTION 3. Section 521.1811, Transportation Code, is
amended to read as follows:
Sec. 521.1811. WAIVER OF FEES FOR FOSTER CHILD OR YOUTH,
[OR] HOMELESS CHILD OR YOUTH, OR VICTIM OR CHILD OF VICTIM OF DATING
OR FAMILY VIOLENCE. A person is exempt from the payment of any fee
for the issuance of a driver's license, as provided under this
chapter, if that person is:
(1) younger than 18 years of age and in the managing
conservatorship of the Department of Family and Protective
Services;
(2) at least 18 years of age, but younger than 21 years
of age, and resides in a foster care placement, the cost of which is
paid by the Department of Family and Protective Services; [or]
(3) a homeless child or youth as defined by 42 U.S.C.
Section 11434a;
(4) a victim of dating violence as defined by Section
71.0021, Family Code;
(5) a victim of family violence as defined by Section
51.002, Human Resources Code; or
(6) a child of a victim described by Subdivision (4) or
(5).
SECTION 4. Sections 521.4265(b) and (c), Transportation
Code, are amended to read as follows:
(b) For each exemption granted under Section 521.1015,
521.1016, or 521.1811, the department shall deposit to the credit
of the Texas mobility fund an amount from the identification fee
exemption account under Subsection (a) that is equal to the amount
of the waived fee that would otherwise be deposited to the mobility
fund.
(c) The department may not grant an exemption under Section
521.1015, 521.1016, or 521.1811 if money is not available in the
identification fee exemption account to meet the requirements of
Subsection (b).
SECTION 5. The changes in law made by this Act apply to an
application for a birth record, driver's license, or personal
identification certificate submitted on or after the effective date
of this Act. An application for a birth record, driver's license,
or personal identification certificate submitted before the
effective date of this Act is governed by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 798 passed the Senate on
April 9, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 798 passed the House on
May 24, 2021, by the following vote: Yeas 133, Nays 10, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor