HBA-DMD, MPA H.B. 865 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 865
By: Puente
Public Safety
7/27/1999
Enrolled


BACKGROUND AND PURPOSE 

The Department of Public Safety reported 181,773 incidents of family
violence in Texas in 1997. The number has risen 32 percent since 1991
according to the Texas Council on Family Violence. Some victims seeking to
elude their abuser and reduce the risk of further violence choose to
establish a new identity.  As part of this effort it may be helpful to
obtain a new driver's license or personal identification certificate.  On
the federal level, the Social Security Administration allows a victim of
domestic violence to change his or her social security number upon the
individual's written affirmation of the domestic abuse, supported by a
third-party affidavit from sources such as police, medical professionals,
or locally-recognized battered victims' shelters. 

H.B. 865 provides that a person may obtain a new driver's license number or
personal identification certificate number upon the person's showing a
court order stating that the person has been a victim of domestic violence.
This bill provides that except for certain required statutory disclosures,
the Department of Public Safety may not disclose the changed license or
certificate number or the person's name or any former name. 

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 Subchapter M, Chapter 521, Transportation Code, by
amending the heading as follows: 

New heading: SUBCHAPTER M.  LICENSE, RENEWAL, AND NUMBER CHANGE.

SECTION 2.  Amends Subchapter M, Chapter 521, Transportation Code, by
adding Section 521.275, as follows: 

Sec. 521.275. CHANGE OF DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE NUMBER. (a) Requires the Department of Public Safety
(department), on a person's showing a court order stating that the person
has been a victim of domestic violence, to issue a new driver's license
number or personal identification certificate number to the person. 

(b) Authorizes the department to require each applicant to furnish
information required for an original license, and to require evidence
identifying the applicant by both the former and the new name if the
applicant's name has changed. 

(c) Prohibits the department from disclosing, except as provided by
enumerated disclosure provisions, the changed license or certificate number
or the person's name or former name. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.