Texas 2025 - 89th Regular

Texas House Bill HB3426 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R14944 AJZ-D
2		-	By: Capriglione~~, Landgraf, et al.~~ H.B. No. 3426
	2	+	By: Capriglione H.B. No. 3426
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the issuance of digital driver's licenses, commercial
10	10		driver's licenses, and personal identification certificates;
11	11		authorizing a fee.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13		SECTION 1. Subtitle B, Title 7, Transportation Code, is
14	14		amended by adding Chapter 526 to read as follows:
15	15		CHAPTER 526. DIGITAL DRIVER'S LICENSES, COMMERCIAL DRIVER'S
16	16		LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES
17	17		SUBCHAPTER A. GENERAL PROVISIONS
18	18		Sec. 526.001. DEFINITIONS. In this chapter:
19	19		(1) "Commercial driver's license" includes:
20	20		(A) a commercial driver's license as defined by
21	21		Section 522.003; and
22	22		(B) a commercial learner's permit as defined by
23	23		Section 522.003.
24	24		(2) "Department" means the Department of Public
25	25		Safety.
26	26		(3) "Driver's license" has the meaning assigned by
27	27		Section 521.001.
28	28		(4) "Personal identification certificate" means a
29	29		certificate issued by the department under Subchapter E, Chapter
30	30		521.
31	31		(5) "Wireless communication device" means a device
32	32		that uses commercial mobile service, as defined by 47 U.S.C.
33	33		Section 332.
34	34		SUBCHAPTER B. ISSUANCE OF DIGITAL DRIVER'S LICENSES, COMMERCIAL
35	35		DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES
36	36		Sec. 526.051. ISSUANCE REQUIRED. (a) The department shall
37	37		issue a digital version of a driver's license, a commercial driver's
38	38		license, and a personal identification certificate.
39	39		(b) The department may adopt rules necessary to administer
40	40		this chapter.
41	41		Sec. 526.052. APPLICABILITY OF OTHER LAW. (a) Except as
42	42		otherwise provided by this chapter or other law, a digital driver's
43	43		license, commercial driver's license, or personal identification
44	44		certificate issued under this chapter is subject to the laws of this
45	45		state applicable to a physical license or certificate.
46	46		(b) For purposes of Chapter 730, a motor vehicle record
47	47		includes a record that pertains to a digital driver's license or
48	48		commercial driver's license.
49	49		Sec. 526.053. FORMAT OF DIGITAL DRIVER'S LICENSES,
50	50		COMMERCIAL DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION
51	51		CERTIFICATES. (a) A digital driver's license, commercial driver's
52	52		license, or personal identification certificate must be a data file
53	53		available on any wireless communication device through an
54	54		application that is capable of being downloaded onto the wireless
55	55		communication device. A digital driver's license, commercial
56	56		driver's license, or personal identification certificate must:
57	57		(1) include the information required to be included on
58	58		a physical license or certificate;
59	59		(2) include an authentication and verification
60	60		process for a wireless communication device that satisfies the
61	61		requirements of the International Organization for Standardization
62	62		ISO/IEC 18013-5 or a comparable or successor standard designated by
63	63		department rule;
64	64		(3) for a digital driver's license or commercial
65	65		driver's license, include an indication of the current status of
66	66		the license; and
67	67		(4) after the appropriate application is downloaded on
68	68		a wireless communication device, be accessible regardless of the
69	69		availability of an Internet network or commercial mobile service on
70	70		the device.
71	71		(b) The department by rule may prescribe:
72	72		(1) the appearance, format, and orientation of a
73	73		digital driver's license, commercial driver's license, or personal
74	74		identification certificate;
75	75		(2) the data included in a digital driver's license,
76	76		commercial driver's license, or personal identification
77	77		certificate; and
78	78		(3) methods of authentication for a digital driver's
79	79		license, commercial driver's license, or personal identification
80	80		certificate.
81	81		Sec. 526.054. FEE. The department may charge a fee for the
82	82		issuance of digital identification under Section 526.053 in an
83	83		amount necessary to cover the costs of administering this chapter.
84	84		Sec. 526.055. DATA PRIVACY. Subject to the requirements of
85	85		Chapter 730, the department by rule shall adopt measures to ensure
86	86		data privacy for data associated with digital driver's licenses,
87	87		commercial driver's licenses, and personal identification
88	88		certificates issued under this chapter.
89	89		SUBCHAPTER C. DISPLAY OF DIGITAL DRIVER'S LICENSES, COMMERCIAL
90	90		DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES
91	91		Sec. 526.101. AUTHORITY TO REQUIRE PHYSICAL LICENSE OR
92	92		CERTIFICATE. This chapter does not affect the authority of a peace
93	93		officer or any other person to require an individual to provide a
94	94		physical driver's license, commercial driver's license, or personal
95	95		identification certificate.
96	96		Sec. 526.102. DISPLAY NOT CONSENT TO ACCESS DEVICE
97	97		CONTENTS. Presentation by a person on a wireless communication
98	98		device of digital identification issued under this chapter does not
99	99		constitute effective consent for a peace officer or any other
100	100		person to access the contents of the person's wireless
101	101		communication device, except to view the digital identification.
102	102		Sec. 526.103. EVIDENCE OF IDENTITY; NOT VALID FOR VOTING
103	103		PURPOSES. (a) Unless otherwise provided by this section or state
104	104		or federal law, a person may accept digital identification issued
105	105		under this chapter as evidence of another person's identity in the
106	106		same manner as a physical driver's license, commercial driver's
107	107		license, or personal identification certificate.
108	108		(b) Digital identification issued under this chapter may
109	109		not be used for voting purposes.
110	110		Sec. 526.104. CHAPTER NOT APPLICABLE. A digital copy,
111	111		photograph, or image of a driver's license that is not downloaded
112	112		and displayed through the application described by Section 526.053
113	113		is not a valid digital driver's license under this chapter.
114	114		SECTION 2. If before implementing any provision of this Act
115	115		the Department of Public Safety determines that a waiver or
116	116		authorization from a federal agency is necessary for the
117	117		implementation of that provision, the Department of Public Safety
118	118		shall request the waiver or authorization and may delay
119	119		implementing that provision until the waiver or authorization is
120	120		granted.
121	121		SECTION 3. This Act takes effect September 1, 2025.