HBA-DMD C.S.H.B. 2938 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2938 By: Turner, Bob Public Safety 4/16/1999 Committee Report (Substituted) 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. C.S.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 521.044(a), Transportation Code, to include any information that may verify an applicant's social security number as information that the department is authorized to use or disclose to certain entities. SECTION 2. 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. Makes a conforming change. 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) Authorizes the department to require an applicant to produce any documents it determines to be necessary to verify information on an application. SECTION 4. Amends Subchapter G, Chapter 521, Transportation Code, by adding Section 521.147 and 521.148, as follows: Sec. 521.147. LEGAL RESIDENCE REQUIREMENT. (a) Authorizes the department to deny or cancel any original, renewal, or duplicate driver's license or personal identification certificate provided that an applicant 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 personal 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 in the United States. (c) Provides that an applicant who submits a birth certificate or other documentation issued outside the United State, for the purposes of this section, must offer proof of being legally in the United States. Sec. 521.148. SOCIAL SECURITY VERIFICATION. (a) Specifies the information which the department has the authority to verify through the Social Security Administration. (b) Authorizes the department 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 5.Effective date: September 1, 2000. SECTION 6.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2938 redesignates SECTIONS 1 (Section 521.101(d), Transportation Code) and 2 (Section 521.144(c), Transportation Code) of the original as SECTIONS 2 and 1, and makes a nonsubstantive change in SECTION 2 of the substitute. This substitute differs from the original bill by redesignating proposed Section 521.148, Transportation Code, from SECTION 5 of the original to SECTION 4. This substitute redesignates SECTIONS 6 (effective date) and 7 (long emergency clause) of the original bill to SECTIONS 5 and 6 (short emergency clause) of the substitute. This substitute also differs from the original bill by conforming to Legislative Council format.