89R14444 LRM-F
By: Campbell S.B. No. 2328
A BILL TO BE ENTITLED
AN ACT
relating to the acceptance of and funding for certain forms of
identification issued to persons unlawfully present in the United
States; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 752, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. IDENTIFICATION KNOWINGLY ISSUED TO PERSONS
UNLAWFULLY PRESENT IN UNITED STATES
Sec. 752.081. DEFINITIONS. In this subchapter:
(1) "Business entity" means any entity recognized by
law through which business is conducted, including a sole
proprietorship, partnership, firm, corporation, limited liability
company, holding company, joint stock company, receivership, or
trust.
(2) "Department" means the Department of Public
Safety.
(3) "Governmental entity" means:
(A) any board, commission, office, department,
or other agency in the executive branch of state government; or
(B) a municipality or county.
(4) "Identification document" means any type of
personal identification card or other document, including a
driver's license, that may be used to verify a person's age,
identity, or residency.
Sec. 752.082. NONAPPLICABILITY. This subchapter does not
apply to an identification document issued by, or on behalf of, the
federal government.
Sec. 752.083. DATABASE OF IDENTIFICATION DOCUMENTS ISSUED
TO PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. (a) The
department shall establish and maintain a database of public or
private entities that issue an identification document to an
individual that the entity knows is not lawfully present in the
United States.
(b) The database must include images of identification
documents described by Subsection (a).
(c) The department shall make the database publicly
available on the department's Internet website.
Sec. 752.084. OFFENSE: RECOGNITION OF CERTAIN
IDENTIFICATION DOCUMENTS. (a) An officer or employee of a
governmental entity or business entity commits an offense if the
actor accepts, relies on, or otherwise uses an identification
document specified in the database established under Section
752.083 to determine a person's age, identity, or residency.
(b) An offense under this section is a Class A misdemeanor.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Sec. 752.085. PROHIBITED USE OF CERTAIN IDENTIFICATION
DOCUMENT. Notwithstanding any other law, an identification
document maintained in the database established under Section
752.083 is not considered a valid method of identification in this
state.
Sec. 752.086. ASSISTANCE AND TRAINING ON DATABASE AND
COMPLIANCE. The department shall establish a training program for
governmental entities and business entities and shall provide
assistance to an entity on request with respect to use of the
database established under Section 752.083.
Sec. 752.087. PROHIBITED USE OF FUNDS FOR CERTAIN
IDENTIFICATION DOCUMENTS. A governmental entity or business entity
may not provide funds to any person for the purpose of assisting the
person in obtaining an identification document specified in the
database established under Section 752.083.
SECTION 2. Not later than January 1, 2026, the Department of
Public Safety shall establish the database required by Section
752.083, Government Code, as added by this Act, and the training
program required by Section 752.086, Government Code, as added by
this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2025.
(b) Sections 752.084, 752.085, and 752.087, Government
Code, as added by this Act, take effect March 1, 2026.