Texas 2023 - 88th Regular

Texas House Bill HB71 Compare Versions

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1	1	By: Canales, Capriglione, Longoria, Cain, H.B. No. 71
2	2	Tinderholt, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a program for the issuance of
8	8	digital identification.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 7, Transportation Code, is
11	11	amended by adding Chapter 526 to read as follows:
12	12	CHAPTER 526. DIGITAL IDENTIFICATION PROGRAM
13	13	Sec. 526.0101. DEFINITIONS. In this chapter:
14	14	(1) "Department" and "driver's license" have the
15	15	meanings assigned by Section 521.001.
16	16	(2) "Digital identification" includes a digital
17	17	driver's license, a digital personal identification certificate, a
18	18	digital handgun license, a digital hunting or fishing license, and
19	19	a digital license issued by the Department of Public Safety under
20	20	Chapter 1702, Occupations Code.
21	21	(3) "Handgun license" means a license to carry a
22	22	handgun issued under Subchapter H, Chapter 411, Government Code.
23	23	(4) "Hunting or fishing license" means a noncommercial
24	24	hunting or fishing license of any type issued by the Parks and
25	25	Wildlife Department, including:
26	26	(A) a hunting license issued under Chapter 42,
27	27	Parks and Wildlife Code;
28	28	(B) a fishing license issued under Chapter 46,
29	29	Parks and Wildlife Code; or
30	30	(C) a combination hunting and fishing license
31	31	issued under Chapter 50, Parks and Wildlife Code.
32	32	Sec. 526.0102. DIGITAL IDENTIFICATION PROGRAM. (a) The
33	33	department, in consultation with the Parks and Wildlife Department,
34	34	by rule shall establish a program for the issuance of digital
35	35	identification.
36	36	(b) In establishing the digital identification program, the
37	37	department shall:
38	38	(1) assess existing department infrastructure and
39	39	upgrade department infrastructure according to the department's
40	40	findings;
41	41	(2) provide a digital identification solution that:
42	42	(A) is capable of presenting digital
43	43	identification on a wireless communication device that:
44	44	(i) must include the information included
45	45	on a driver's license, as described by Section 521.121(a); and
46	46	(ii) may include, as applicable:
47	47	(a) the information included on a
48	48	handgun license, as required by Subchapter H, Chapter 411,
49	49	Government Code;
50	50	(b) the information included on a
51	51	hunting or fishing license, as required by the Parks and Wildlife
52	52	Code, including a stamp or other authorization issued by the Parks
53	53	and Wildlife Department in connection with the hunting or fishing
54	54	license; and
55	55	(c) the information included on a
56	56	license issued by the Department of Public Safety under Chapter
57	57	1702, Occupations Code;
58	58	(B) includes an authentication and verification
59	59	process for a wireless communication device; and
60	60	(C) may be used in any location regardless of the
61	61	location's level of wireless connectivity or cellular telephone
62	62	service;
63	63	(3) deploy the digital identification solution; and
64	64	(4) implement any procedures necessary to allow law
65	65	enforcement officials to accept digital identification.
66	66	(c) The department may not charge a fee for the issuance of
67	67	digital identification under this section.
68	68	(d) If an applicant is eligible for a form of identification
69	69	described by Subsection (b), the department or the Parks and
70	70	Wildlife Department, as applicable, shall:
71	71	(1) issue the applicant a physical version of the
72	72	identification; and
73	73	(2) on request, issue the applicant digital
74	74	identification under this section.
75	75	(e) Digital identification issued under this section may
76	76	not be used for voting purposes.
77	77	SECTION 2. (a) The Department of Public Safety by rule
78	78	shall establish the digital identification program under Chapter
79	79	526, Transportation Code, as added by this Act, not later than
80	80	February 1, 2025.
81	81	(b) If before implementing any provision of this Act the
82	82	Department of Public Safety determines that a waiver or
83	83	authorization from a federal agency is necessary for the
84	84	implementation of that provision, the Department of Public Safety
85	85	shall request the waiver or authorization and may delay
86	86	implementing that provision until the waiver or authorization is
87	87	granted.
88	88	SECTION 3. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2023.