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AN ACT
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relating to a personal identification certificate or driver's |
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license issued to present or former inmates of the Texas Department |
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of Criminal Justice. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 501.015(a), Government Code, is amended |
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to read as follows: |
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�������(a)��When an inmate is discharged or is released on parole, |
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mandatory supervision, or conditional pardon, the department |
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[institutional division] shall provide the inmate with: |
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�������������(1)��suitable civilian clothing; |
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�������������(2)��money held in the inmate's trust account by the |
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director; [and] |
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�������������(3)��cash, in an amount and in the manner described by |
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Subsection (b); and |
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�������������(4)��a personal identification certificate obtained |
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under Section 501.0165, if available. |
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�������SECTION�2.��Subchapter A, Chapter 501, Government Code, is |
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amended by adding Section 501.0165 to read as follows: |
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�������Sec.�501.0165.��STATE-ISSUED IDENTIFICATION; NECESSARY |
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DOCUMENTATION. �(a) �Before discharging an inmate or releasing an |
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inmate on parole, mandatory supervision, or conditional pardon, the |
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department shall: |
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�������������(1)��determine whether the inmate has: |
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�������������������(A)��a valid license issued under Chapter 521 or |
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522, Transportation Code; or |
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�������������������(B)��a valid personal identification certificate |
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issued under Chapter 521, Transportation Code; and |
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�������������(2)��if the inmate does not have a valid license or |
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certificate described by Subdivision (1), submit to the Department |
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of Public Safety on behalf of the inmate a request for the issuance |
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of a personal identification certificate under Chapter 521, |
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Transportation Code. |
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�������(b)��The department shall submit a request under Subsection |
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(a)(2) as soon as is practicable to enable the department to provide |
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the inmate with the personal identification certificate when the |
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department discharges or releases the inmate. |
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�������(c)��The department, the Department of Public Safety, and the |
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bureau of vital statistics of the Department of State Health |
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Services shall by rule adopt a memorandum of understanding that |
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establishes their respective responsibilities with respect to the |
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issuance of a personal identification certificate to an inmate, |
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including responsibilities related to verification of the inmate's |
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identity. �The memorandum of understanding must require the |
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Department of State Health Services to electronically verify the |
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birth record of an inmate whose name and any other personal |
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information is provided by the department and to electronically |
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report the recorded filing information to the Department of Public |
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Safety to validate the identity of an inmate under this section. |
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�������(d)��The department shall reimburse the Department of Public |
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Safety or the Department of State Health Services for the actual |
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costs incurred by those agencies in performing responsibilities |
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established under this section. �The department may charge an |
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inmate for the actual costs incurred under this section or the fees |
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required by Section 521.421, Transportation Code. |
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�������(e)��This section does not apply to an inmate who: |
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�������������(1)��is not legally present in the United States; or |
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�������������(2)��was not a resident of this state before the person |
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was placed in the custody of the department. |
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�������SECTION�3.��Section 521.001(a), Transportation Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a) |
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and (7-a) to read as follows: |
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�������������(1)��"Correctional facility" means: |
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�������������������(A)��a place described by Section 1.07(a)(14), |
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Penal Code; or |
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�������������������(B)��a secure correctional facility or secure |
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detention facility, as defined by Section 51.02, Family Code. |
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�������������(1-a)��"Department" means the Department of Public |
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Safety. |
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�������������(7-a)��"Parole facility" means a place described by |
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Section 508.118 or 508.119, Government Code. |
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�������SECTION�4.��Section 521.101, Transportation Code, is amended |
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by adding Subsection (f-1) to read as follows: |
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�������(f-1)��A personal identification certificate issued to a |
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person whose residence or domicile is a correctional facility or a |
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parole facility expires on the first birthday of the license holder |
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occurring after the first anniversary of the date of issuance. |
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�������SECTION�5.��Section 521.271, Transportation Code, is amended |
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to read as follows: |
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�������Sec.�521.271.��LICENSE EXPIRATION. �(a)��Each original |
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driver's license and provisional license expires as follows: |
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�������������(1)��except as provided by Section 521.2711, a driver's |
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license expires on the first birthday of the license holder |
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occurring after the sixth anniversary of the date of the |
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application; |
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�������������(2)��a provisional license expires on the earlier of: |
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�������������������(A)��the 18th birthday of the license holder; or |
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�������������������(B)��the first birthday of the license holder |
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occurring after the date of the application; |
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�������������(3)��an instruction permit expires on the second |
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birthday of the license holder occurring after the date of the |
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application; [and] |
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�������������(4)��an occupational license expires on the first |
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anniversary of the court order granting the license; and |
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�������������(5)��unless an earlier date is otherwise provided, a |
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driver's license issued to a person whose residence or domicile is a |
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correctional facility or a parole facility expires on the first |
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birthday of the license holder occurring after the first |
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anniversary of the date of issuance. |
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�������(b)��Except as provided by Section 521.2711, a driver's |
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license that is renewed expires on the earlier of: |
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�������������(1)��the sixth anniversary of the expiration date |
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before renewal; or |
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�������������(2)��for a renewal driver's license issued to a person |
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whose residence or domicile is a correctional facility or a parole |
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facility, the first birthday of the license holder occurring after |
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the first anniversary of the date of issuance unless an earlier date |
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is otherwise provided. |
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�������SECTION�6.��Section 521.421, Transportation Code, is amended |
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by adding Subsections (a-1) and (a-2) to read as follows: |
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�������(a-1)��The fee for a personal identification certificate |
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issued under Section 501.0165, Government Code, is $5. |
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�������(a-2)��Except as provided by Subsection (a-1), the |
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department by rule shall establish the fee for a personal |
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identification certificate or driver's license issued to a person |
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whose residence or domicile is a correctional facility or a parole |
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facility. |
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�������SECTION�7.��Section 522.051, Transportation Code, is amended |
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by adding Subsection (g) to read as follows: |
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�������(g)��A commercial driver's license issued to a person whose |
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residence or domicile is a correctional facility or a parole |
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facility expires on the first birthday of the license holder |
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occurring after the first anniversary of the date of issuance. The |
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department by rule shall establish the fee for a commercial |
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driver's license issued to a person whose residence or domicile is a |
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correctional facility or a parole facility. |
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�������SECTION�8.��Section 522.052, Transportation Code, is amended |
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by adding Subsection (h) to read as follows: |
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�������(h)��A renewal commercial driver's license issued to a person |
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whose residence or domicile is a correctional facility or a parole |
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facility expires on the first birthday of the license holder |
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occurring after the first anniversary of the date of issuance. |
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�������SECTION�9.��This Act does not make an appropriation. �A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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�������SECTION�10.��This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 2161 was passed by the House on May 1, |
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2009, by the following vote:��Yeas 112, Nays 29, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2161 on May 29, 2009, by the following vote:��Yeas 120, Nays 23, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 2161 was passed by the Senate, with |
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amendments, on May 23, 2009, by the following vote:��Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |