89R14944 AJZ-D
By: Capriglione, Landgraf, et al. H.B. No. 3426
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of digital driver's licenses, commercial
driver's licenses, and personal identification certificates;
authorizing a fee.
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 DRIVER'S LICENSES, COMMERCIAL DRIVER'S
LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 526.001. DEFINITIONS. In this chapter:
(1) "Commercial driver's license" includes:
(A) a commercial driver's license as defined by
Section 522.003; and
(B) a commercial learner's permit as defined by
Section 522.003.
(2) "Department" means the Department of Public
Safety.
(3) "Driver's license" has the meaning assigned by
Section 521.001.
(4) "Personal identification certificate" means a
certificate issued by the department under Subchapter E, Chapter
521.
(5) "Wireless communication device" means a device
that uses commercial mobile service, as defined by 47 U.S.C.
Section 332.
SUBCHAPTER B. ISSUANCE OF DIGITAL DRIVER'S LICENSES, COMMERCIAL
DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES
Sec. 526.051. ISSUANCE REQUIRED. (a) The department shall
issue a digital version of a driver's license, a commercial driver's
license, and a personal identification certificate.
(b) The department may adopt rules necessary to administer
this chapter.
Sec. 526.052. APPLICABILITY OF OTHER LAW. (a) Except as
otherwise provided by this chapter or other law, a digital driver's
license, commercial driver's license, or personal identification
certificate issued under this chapter is subject to the laws of this
state applicable to a physical license or certificate.
(b) For purposes of Chapter 730, a motor vehicle record
includes a record that pertains to a digital driver's license or
commercial driver's license.
Sec. 526.053. FORMAT OF DIGITAL DRIVER'S LICENSES,
COMMERCIAL DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION
CERTIFICATES. (a) A digital driver's license, commercial driver's
license, or personal identification certificate must be a data file
available on any wireless communication device through an
application that is capable of being downloaded onto the wireless
communication device. A digital driver's license, commercial
driver's license, or personal identification certificate must:
(1) include the information required to be included on
a physical license or certificate;
(2) include an authentication and verification
process for a wireless communication device that satisfies the
requirements of the International Organization for Standardization
ISO/IEC 18013-5 or a comparable or successor standard designated by
department rule;
(3) for a digital driver's license or commercial
driver's license, include an indication of the current status of
the license; and
(4) after the appropriate application is downloaded on
a wireless communication device, be accessible regardless of the
availability of an Internet network or commercial mobile service on
the device.
(b) The department by rule may prescribe:
(1) the appearance, format, and orientation of a
digital driver's license, commercial driver's license, or personal
identification certificate;
(2) the data included in a digital driver's license,
commercial driver's license, or personal identification
certificate; and
(3) methods of authentication for a digital driver's
license, commercial driver's license, or personal identification
certificate.
Sec. 526.054. FEE. The department may charge a fee for the
issuance of digital identification under Section 526.053 in an
amount necessary to cover the costs of administering this chapter.
Sec. 526.055. DATA PRIVACY. Subject to the requirements of
Chapter 730, the department by rule shall adopt measures to ensure
data privacy for data associated with digital driver's licenses,
commercial driver's licenses, and personal identification
certificates issued under this chapter.
SUBCHAPTER C. DISPLAY OF DIGITAL DRIVER'S LICENSES, COMMERCIAL
DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES
Sec. 526.101. AUTHORITY TO REQUIRE PHYSICAL LICENSE OR
CERTIFICATE. This chapter does not affect the authority of a peace
officer or any other person to require an individual to provide a
physical driver's license, commercial driver's license, or personal
identification certificate.
Sec. 526.102. DISPLAY NOT CONSENT TO ACCESS DEVICE
CONTENTS. Presentation by a person on a wireless communication
device of digital identification issued under this chapter does not
constitute effective consent for a peace officer or any other
person to access the contents of the person's wireless
communication device, except to view the digital identification.
Sec. 526.103. EVIDENCE OF IDENTITY; NOT VALID FOR VOTING
PURPOSES. (a) Unless otherwise provided by this section or state
or federal law, a person may accept digital identification issued
under this chapter as evidence of another person's identity in the
same manner as a physical driver's license, commercial driver's
license, or personal identification certificate.
(b) Digital identification issued under this chapter may
not be used for voting purposes.
Sec. 526.104. CHAPTER NOT APPLICABLE. A digital copy,
photograph, or image of a driver's license that is not downloaded
and displayed through the application described by Section 526.053
is not a valid digital driver's license under this chapter.
SECTION 2. 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 September 1, 2025.