Texas 2023 - 88th Regular

Texas House Bill HB5228 Compare Versions

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1	1	88R4811 JAM-D
2	2	By: Neave Criado H.B. No. 5228
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of a driver's license or personal
8	8	identification certificate to certain individuals and the use of
9	9	the identification fee exemption account to fund the fee waivers
10	10	for those individuals.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter I, Chapter 521, Transportation Code,
13	13	is amended by adding Section 521.184 to read as follows:
14	14	Sec. 521.184. ISSUANCE OF LICENSE OR CERTIFICATE TO
15	15	HOMELESS INDIVIDUAL. (a) In this section, "homeless individual":
16	16	(1) means an individual who:
17	17	(A) lacks a fixed, regular, and adequate
18	18	nighttime residence; or
19	19	(B) has a primary nighttime residence that is:
20	20	(i) a supervised publicly or privately
21	21	operated shelter designed to provide temporary living
22	22	accommodations, including welfare hotels, congregate shelters, and
23	23	transitional housing for the mentally ill;
24	24	(ii) an institution that provides a
25	25	temporary residence for individuals intended to be
26	26	institutionalized; or
27	27	(iii) a public or private place not
28	28	designed for, or ordinarily used as, a regular sleeping
29	29	accommodation for human beings; and
30	30	(2) does not include an individual who is imprisoned
31	31	or otherwise detained in a correctional facility.
32	32	(b) Except as provided by Subsection (f) and subject to
33	33	Section 521.4265, a homeless individual is entitled to an exemption
34	34	from the payment of fees under this chapter for the issuance of a
35	35	driver's license or personal identification certificate.
36	36	(c) For the purposes of this section, a person's status as a
37	37	homeless individual must be confirmed by a notarized affidavit
38	38	from:
39	39	(1) an employee of a homeless shelter or transitional
40	40	housing facility;
41	41	(2) an employee of an organization that provides to
42	42	homeless individuals or assists homeless individuals in obtaining
43	43	services such as health services, mental or behavioral health
44	44	services, substance abuse services, public assistance services, or
45	45	employment services;
46	46	(3) an attorney licensed to practice law in this
47	47	state;
48	48	(4) a peace officer who is an official homeless
49	49	liaison;
50	50	(5) an employee of a faith-based organization that
51	51	provides benefits or services to homeless individuals; or
52	52	(6) a counselor or administrator at a school attended
53	53	by the homeless individual.
54	54	(d) A person may not charge a fee for the affidavit
55	55	described by Subsection (c).
56	56	(e) An affidavit described by Subsection (c) may not be used
57	57	for a driver's license or personal identification certificate
58	58	application if the affidavit was signed more than 60 days before the
59	59	date the application is submitted.
60	60	(f) Subsection (b) does not apply to a person subject to the
61	61	registration requirements of Chapter 62, Code of Criminal
62	62	Procedure.
63	63	(g) Rules adopted under this section regarding the issuance
64	64	of a personal identification certificate to a homeless child or
65	65	youth, as defined by Section 521.1015, must be consistent with the
66	66	provisions of that section.
67	67	SECTION 2. Sections 521.4265(b) and (c), Transportation
68	68	Code, are amended to read as follows:
69	69	(b) From the money in the identification fee exemption
70	70	account the department shall:
71	71	(1) request that the comptroller transfer to the Texas
72	72	Workforce Commission amounts sufficient to cover the cost of
73	73	implementing the program under Section 521.168, including amounts
74	74	sufficient for the payment by the Texas Workforce Commission of:
75	75	(A) fees to entities other than the department;
76	76	and
77	77	(B) the Texas Workforce Commission's
78	78	implementation costs; and
79	79	(2) for each exemption granted under Section 521.1015,
80	80	521.1016, [or] 521.1811, or 521.184, deposit to the credit of the
81	81	Texas mobility fund an amount that is equal to the amount of the
82	82	waived fee that would otherwise be deposited to the mobility fund.
83	83	(c) The department may not:
84	84	(1) request a transfer under Subsection (b)(1) if the
85	85	balance of the account for the fiscal year is less than three times
86	86	the amount expended in the previous fiscal year for the waivers
87	87	provided by Sections 521.1015(e), 521.1016, [and] 521.1811, and
88	88	521.184; or
89	89	(2) grant an exemption under Section 521.1015,
90	90	521.1016, [or] 521.1811, or 521.184 if money is not available in the
91	91	identification fee exemption account to meet the requirements of
92	92	Subsection (b)(2).
93	93	SECTION 3. The changes in law made by this Act apply to an
94	94	application for a driver's license or personal identification
95	95	certificate submitted on or after the effective date of this Act.
96	96	An application for a driver's license or personal identification
97	97	certificate submitted before the effective date of this Act is
98	98	governed by the law in effect on the date the application was
99	99	submitted, and the former law is continued in effect for that
100	100	purpose.
101	101	SECTION 4. This Act takes effect September 1, 2023.