By: Canales, Capriglione, Longoria, Cain, H.B. No. 71
Tinderholt, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program for the issuance of
digital identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Transportation Code, is
amended by adding Chapter 526 to read as follows:
CHAPTER 526. DIGITAL IDENTIFICATION PROGRAM
Sec. 526.0101. DEFINITIONS. In this chapter:
(1) "Department" and "driver's license" have the
meanings assigned by Section 521.001.
(2) "Digital identification" includes a digital
driver's license, a digital personal identification certificate, a
digital handgun license, a digital hunting or fishing license, and
a digital license issued by the Department of Public Safety under
Chapter 1702, Occupations Code.
(3) "Handgun license" means a license to carry a
handgun issued under Subchapter H, Chapter 411, Government Code.
(4) "Hunting or fishing license" means a noncommercial
hunting or fishing license of any type issued by the Parks and
Wildlife Department, including:
(A) a hunting license issued under Chapter 42,
Parks and Wildlife Code;
(B) a fishing license issued under Chapter 46,
Parks and Wildlife Code; or
(C) a combination hunting and fishing license
issued under Chapter 50, Parks and Wildlife Code.
Sec. 526.0102. DIGITAL IDENTIFICATION PROGRAM. (a) The
department, in consultation with the Parks and Wildlife Department,
by rule shall establish a program for the issuance of digital
identification.
(b) In establishing the digital identification program, the
department shall:
(1) assess existing department infrastructure and
upgrade department infrastructure according to the department's
findings;
(2) provide a digital identification solution that:
(A) is capable of presenting digital
identification on a wireless communication device that:
(i) must include the information included
on a driver's license, as described by Section 521.121(a); and
(ii) may include, as applicable:
(a) the information included on a
handgun license, as required by Subchapter H, Chapter 411,
Government Code;
(b) the information included on a
hunting or fishing license, as required by the Parks and Wildlife
Code, including a stamp or other authorization issued by the Parks
and Wildlife Department in connection with the hunting or fishing
license; and
(c) the information included on a
license issued by the Department of Public Safety under Chapter
1702, Occupations Code;
(B) includes an authentication and verification
process for a wireless communication device; and
(C) may be used in any location regardless of the
location's level of wireless connectivity or cellular telephone
service;
(3) deploy the digital identification solution; and
(4) implement any procedures necessary to allow law
enforcement officials to accept digital identification.
(c) The department may not charge a fee for the issuance of
digital identification under this section.
(d) If an applicant is eligible for a form of identification
described by Subsection (b), the department or the Parks and
Wildlife Department, as applicable, shall:
(1) issue the applicant a physical version of the
identification; and
(2) on request, issue the applicant digital
identification under this section.
(e) Digital identification issued under this section may
not be used for voting purposes.
SECTION 2. (a) The Department of Public Safety by rule
shall establish the digital identification program under Chapter
526, Transportation Code, as added by this Act, not later than
February 1, 2025.
(b) If before implementing any provision of this Act the
Department of Public Safety determines that a waiver or
authorization from a federal agency is necessary for the
implementation of that provision, the Department of Public Safety
shall request the waiver or authorization and may delay
implementing that provision until the waiver or authorization is
granted.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.