| 1 | 1 | | 89R2939 CMO-D |
|---|
| 2 | 2 | | By: Canales H.B. No. 1976 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the establishment of a program for the issuance of |
|---|
| 10 | 10 | | digital identification. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subtitle B, Title 7, Transportation Code, is |
|---|
| 13 | 13 | | amended by adding Chapter 526 to read as follows: |
|---|
| 14 | 14 | | CHAPTER 526. DIGITAL IDENTIFICATION PROGRAM |
|---|
| 15 | 15 | | Sec. 526.0101. DEFINITIONS. In this chapter: |
|---|
| 16 | 16 | | (1) "Department" and "driver's license" have the |
|---|
| 17 | 17 | | meanings assigned by Section 521.001. |
|---|
| 18 | 18 | | (2) "Digital identification" includes a digital |
|---|
| 19 | 19 | | driver's license, a digital personal identification certificate, a |
|---|
| 20 | 20 | | digital handgun license, a digital hunting or fishing license, and |
|---|
| 21 | 21 | | a digital license issued by the Department of Public Safety under |
|---|
| 22 | 22 | | Chapter 1702, Occupations Code. |
|---|
| 23 | 23 | | (3) "Handgun license" means a license to carry a |
|---|
| 24 | 24 | | handgun issued under Subchapter H, Chapter 411, Government Code. |
|---|
| 25 | 25 | | (4) "Hunting or fishing license" means a noncommercial |
|---|
| 26 | 26 | | hunting or fishing license of any type issued by the Parks and |
|---|
| 27 | 27 | | Wildlife Department, including: |
|---|
| 28 | 28 | | (A) a hunting license issued under Chapter 42, |
|---|
| 29 | 29 | | Parks and Wildlife Code; |
|---|
| 30 | 30 | | (B) a fishing license issued under Chapter 46, |
|---|
| 31 | 31 | | Parks and Wildlife Code; or |
|---|
| 32 | 32 | | (C) a combination hunting and fishing license |
|---|
| 33 | 33 | | issued under Chapter 50, Parks and Wildlife Code. |
|---|
| 34 | 34 | | Sec. 526.0102. DIGITAL IDENTIFICATION PROGRAM. (a) The |
|---|
| 35 | 35 | | department, in consultation with the Parks and Wildlife Department, |
|---|
| 36 | 36 | | by rule shall establish a program for the issuance of digital |
|---|
| 37 | 37 | | identification. |
|---|
| 38 | 38 | | (b) In establishing the digital identification program, the |
|---|
| 39 | 39 | | department shall: |
|---|
| 40 | 40 | | (1) assess existing department infrastructure and |
|---|
| 41 | 41 | | upgrade department infrastructure according to the department's |
|---|
| 42 | 42 | | findings; |
|---|
| 43 | 43 | | (2) provide a digital identification solution that: |
|---|
| 44 | 44 | | (A) is capable of presenting digital |
|---|
| 45 | 45 | | identification on a wireless communication device that: |
|---|
| 46 | 46 | | (i) must include the information included |
|---|
| 47 | 47 | | on a driver's license, as described by Section 521.121(a); and |
|---|
| 48 | 48 | | (ii) may include, as applicable: |
|---|
| 49 | 49 | | (a) the information included on a |
|---|
| 50 | 50 | | handgun license, as required by Subchapter H, Chapter 411, |
|---|
| 51 | 51 | | Government Code; |
|---|
| 52 | 52 | | (b) the information included on a |
|---|
| 53 | 53 | | hunting or fishing license, as required by the Parks and Wildlife |
|---|
| 54 | 54 | | Code, including a stamp or other authorization issued by the Parks |
|---|
| 55 | 55 | | and Wildlife Department in connection with the hunting or fishing |
|---|
| 56 | 56 | | license; and |
|---|
| 57 | 57 | | (c) the information included on a |
|---|
| 58 | 58 | | license issued by the Department of Public Safety under Chapter |
|---|
| 59 | 59 | | 1702, Occupations Code; |
|---|
| 60 | 60 | | (B) includes an authentication and verification |
|---|
| 61 | 61 | | process for a wireless communication device; and |
|---|
| 62 | 62 | | (C) may be used in any location regardless of the |
|---|
| 63 | 63 | | location's level of wireless connectivity or cellular telephone |
|---|
| 64 | 64 | | service; |
|---|
| 65 | 65 | | (3) deploy the digital identification solution; and |
|---|
| 66 | 66 | | (4) implement any procedures necessary to allow law |
|---|
| 67 | 67 | | enforcement officials to accept digital identification. |
|---|
| 68 | 68 | | (c) The department may not charge a fee for the issuance of |
|---|
| 69 | 69 | | digital identification under this section. |
|---|
| 70 | 70 | | (d) If an applicant is eligible for a form of identification |
|---|
| 71 | 71 | | described by Subsection (b), the department or the Parks and |
|---|
| 72 | 72 | | Wildlife Department, as applicable, shall: |
|---|
| 73 | 73 | | (1) issue the applicant a physical version of the |
|---|
| 74 | 74 | | identification; and |
|---|
| 75 | 75 | | (2) on request, issue the applicant digital |
|---|
| 76 | 76 | | identification under this section. |
|---|
| 77 | 77 | | (e) Digital identification issued under this section may |
|---|
| 78 | 78 | | not be used for voting purposes. |
|---|
| 79 | 79 | | SECTION 2. (a) The Department of Public Safety by rule |
|---|
| 80 | 80 | | shall establish the digital identification program under Chapter |
|---|
| 81 | 81 | | 526, Transportation Code, as added by this Act, not later than |
|---|
| 82 | 82 | | February 1, 2027. |
|---|
| 83 | 83 | | (b) If before implementing any provision of this Act the |
|---|
| 84 | 84 | | Department of Public Safety determines that a waiver or |
|---|
| 85 | 85 | | authorization from a federal agency is necessary for the |
|---|
| 86 | 86 | | implementation of that provision, the Department of Public Safety |
|---|
| 87 | 87 | | shall request the waiver or authorization and may delay |
|---|
| 88 | 88 | | implementing that provision until the waiver or authorization is |
|---|
| 89 | 89 | | granted. |
|---|
| 90 | 90 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|