| 1 | 1 | | 89R14444 LRM-F |
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| 2 | 2 | | By: Campbell S.B. No. 2328 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the acceptance of and funding for certain forms of |
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| 10 | 10 | | identification issued to persons unlawfully present in the United |
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| 11 | 11 | | States; creating a criminal offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 752, Government Code, is amended by |
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| 14 | 14 | | adding Subchapter D to read as follows: |
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| 15 | 15 | | SUBCHAPTER D. IDENTIFICATION KNOWINGLY ISSUED TO PERSONS |
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| 16 | 16 | | UNLAWFULLY PRESENT IN UNITED STATES |
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| 17 | 17 | | Sec. 752.081. DEFINITIONS. In this subchapter: |
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| 18 | 18 | | (1) "Business entity" means any entity recognized by |
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| 19 | 19 | | law through which business is conducted, including a sole |
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| 20 | 20 | | proprietorship, partnership, firm, corporation, limited liability |
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| 21 | 21 | | company, holding company, joint stock company, receivership, or |
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| 22 | 22 | | trust. |
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| 23 | 23 | | (2) "Department" means the Department of Public |
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| 24 | 24 | | Safety. |
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| 25 | 25 | | (3) "Governmental entity" means: |
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| 26 | 26 | | (A) any board, commission, office, department, |
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| 27 | 27 | | or other agency in the executive branch of state government; or |
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| 28 | 28 | | (B) a municipality or county. |
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| 29 | 29 | | (4) "Identification document" means any type of |
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| 30 | 30 | | personal identification card or other document, including a |
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| 31 | 31 | | driver's license, that may be used to verify a person's age, |
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| 32 | 32 | | identity, or residency. |
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| 33 | 33 | | Sec. 752.082. NONAPPLICABILITY. This subchapter does not |
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| 34 | 34 | | apply to an identification document issued by, or on behalf of, the |
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| 35 | 35 | | federal government. |
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| 36 | 36 | | Sec. 752.083. DATABASE OF IDENTIFICATION DOCUMENTS ISSUED |
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| 37 | 37 | | TO PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. (a) The |
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| 38 | 38 | | department shall establish and maintain a database of public or |
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| 39 | 39 | | private entities that issue an identification document to an |
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| 40 | 40 | | individual that the entity knows is not lawfully present in the |
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| 41 | 41 | | United States. |
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| 42 | 42 | | (b) The database must include images of identification |
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| 43 | 43 | | documents described by Subsection (a). |
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| 44 | 44 | | (c) The department shall make the database publicly |
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| 45 | 45 | | available on the department's Internet website. |
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| 46 | 46 | | Sec. 752.084. OFFENSE: RECOGNITION OF CERTAIN |
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| 47 | 47 | | IDENTIFICATION DOCUMENTS. (a) An officer or employee of a |
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| 48 | 48 | | governmental entity or business entity commits an offense if the |
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| 49 | 49 | | actor accepts, relies on, or otherwise uses an identification |
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| 50 | 50 | | document specified in the database established under Section |
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| 51 | 51 | | 752.083 to determine a person's age, identity, or residency. |
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| 52 | 52 | | (b) An offense under this section is a Class A misdemeanor. |
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| 53 | 53 | | (c) If conduct that constitutes an offense under this |
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| 54 | 54 | | section also constitutes an offense under any other law, the actor |
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| 55 | 55 | | may be prosecuted under this section, the other law, or both. |
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| 56 | 56 | | Sec. 752.085. PROHIBITED USE OF CERTAIN IDENTIFICATION |
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| 57 | 57 | | DOCUMENT. Notwithstanding any other law, an identification |
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| 58 | 58 | | document maintained in the database established under Section |
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| 59 | 59 | | 752.083 is not considered a valid method of identification in this |
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| 60 | 60 | | state. |
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| 61 | 61 | | Sec. 752.086. ASSISTANCE AND TRAINING ON DATABASE AND |
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| 62 | 62 | | COMPLIANCE. The department shall establish a training program for |
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| 63 | 63 | | governmental entities and business entities and shall provide |
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| 64 | 64 | | assistance to an entity on request with respect to use of the |
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| 65 | 65 | | database established under Section 752.083. |
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| 66 | 66 | | Sec. 752.087. PROHIBITED USE OF FUNDS FOR CERTAIN |
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| 67 | 67 | | IDENTIFICATION DOCUMENTS. A governmental entity or business entity |
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| 68 | 68 | | may not provide funds to any person for the purpose of assisting the |
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| 69 | 69 | | person in obtaining an identification document specified in the |
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| 70 | 70 | | database established under Section 752.083. |
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| 71 | 71 | | SECTION 2. Not later than January 1, 2026, the Department of |
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| 72 | 72 | | Public Safety shall establish the database required by Section |
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| 73 | 73 | | 752.083, Government Code, as added by this Act, and the training |
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| 74 | 74 | | program required by Section 752.086, Government Code, as added by |
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| 75 | 75 | | this Act. |
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| 76 | 76 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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| 77 | 77 | | section, this Act takes effect September 1, 2025. |
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| 78 | 78 | | (b) Sections 752.084, 752.085, and 752.087, Government |
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| 79 | 79 | | Code, as added by this Act, take effect March 1, 2026. |
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