HBA-DMD H.B. 2938 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2938
By: Turner, Bob
Public Safety
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

The Federal Illegal Immigration and Immigrant Responsibility Act of 1996
places several requirements on states in order for the state-issued driver
or identification card to be accepted by federal agencies as proof of
identity. One such requirement is that the state require a social security
number before issuing a driver's license or identification card. Under
current Texas law, the social security number of a person is not required
to be on an application for a driver's license application. 

H.B. 2938 includes a social security number as information that a person
applying for a license must provide to the department. This bill authorizes
the department to deny or cancel any original, renewal, or duplicate,
driver's license or personal identification certificate to any person who
does not submit satisfactory proof that their presence in the United States
is authorized under federal law. This bill also authorizes the department
to verify certain information through the Social Security Administration.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.101(d), Transportation Code, to include the
information contained in Section 521.147 as information that the Department
of Public Safety (department) is authorized to require each applicant to
furnish in order to obtain an original, renewal, or duplicate personal
identification certificate. 

SECTION 2.  Amends Section 521.044(a), Transportation Code, to include any
information regarding the verification of the applicant's social security
number as information that the department is authorized to use or disclose
to certain entities. 
 
SECTION 3.  Amends Section 521.142, Transportation Code, by amending
Subsection (a) and adding Subsection (g), as follows: 

(a) Includes a social security number as information that a person must
provide in order to obtain an original license. Provides that the
applicant's full name, place and date of birth, and social security number
must be verified by presentation of proof, rather than presentation of
proof of identity,  that is satisfactory to the department. 

(g) Provides that presentation of proof requires the applicant to produce
such documents as the department determines is necessary in order to ensure
that the information contained on the application is correct.  

SECTION 4.  Amends Subchapter G, Chapter 521, Transportation Code, by
adding Section 521.147, as follows: 

Sec. 521.147. LEGAL RESIDENCE REQUIREMENT (a) Provides that the department
has the authority to deny or cancel any original, renewal, or duplicate
driver's license or personal  identification certificate to any person who
does not submit satisfactory proof that the applicant's presence in the
United States is authorized under federal law.  

(b) Requires the department to cancel any driver's license or
identification certificate issued to any person for whom the department has
received notice from the United States Immigration and Naturalization
Service (INS) that the person has been determined by INS to be unlawfully
within the United States.  

(c) Sets forth that proof of lawful presence is required for any applicant
who submits a birth certificate or other documentary evidence issued by an
entity other than a state or the United States.  

SECTION 5.  Amends Subchapter G, Chapter 521, Transportation Code, by
adding Section 521.148, as follows: 

Sec. 521.148. SOCIAL SECURITY VERIFICATION. (a) Specifies the information
which the department has the authority to verify through the Social
Security Administration.  

(b) Provides that the department has the authority to deny or cancel any
original, duplicate, or renewal driver license or personal identification
certificate if the social security number provided by the applicant does
not correspond with the information obtained by the department through the
verification process with the Social Security Administration.  

SECTION 6.Effective date: September 1, 2000.  

SECTION 7.Emergency clause.