Bill Text: TX HB1684 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the form of a driver's license or personal identification certificate issued to persons convicted of certain human trafficking offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-07 - Referred to Homeland Security & Public Safety [HB1684 Detail]
Download: Texas-2023-HB1684-Introduced.html
88R6558 MZM-D | ||
By: Hernandez | H.B. No. 1684 |
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relating to the form of a driver's license or personal | ||
identification certificate issued to persons convicted of certain | ||
human trafficking offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0161 to read as follows: | ||
Art. 42.0161. DRIVER'S LICENSE OR IDENTIFICATION | ||
REQUIREMENTS FOR CERTAIN HUMAN TRAFFICKING OFFENSES. If a person | ||
is convicted of an offense under Chapter 20A, Penal Code, the court | ||
shall: | ||
(1) require the person to surrender to the court any | ||
driver's license or personal identification certificate issued by | ||
the Texas Department of Public Safety that the person holds; | ||
(2) issue an order requiring the Texas Department of | ||
Public Safety to include in any driver's license record or personal | ||
identification certificate record maintained by the department for | ||
the person an indication that the person has been convicted of an | ||
offense under Chapter 20A, Penal Code; | ||
(3) notify the person of the consequences of the | ||
conviction as it relates to the order issued under this article; and | ||
(4) send to the Department of Public Safety: | ||
(A) a copy of the record of conviction and a copy | ||
of the order issued under this article; and | ||
(B) if surrendered to the court, the person's | ||
driver's license or personal identification certificate. | ||
SECTION 2. Subchapter C, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.0571 to read as follows: | ||
Sec. 521.0571. INFORMATION REGARDING CERTAIN HUMAN | ||
TRAFFICKING OFFENSES; FORM OF LICENSE OR CERTIFICATE. (a) On | ||
receipt of a court order issued under Article 42.0161, Code of | ||
Criminal Procedure, the department shall ensure that any driver's | ||
license record or personal identification certificate record | ||
maintained by the department for the person includes an indication | ||
that the person has been convicted of an offense under Chapter 20A, | ||
Penal Code. | ||
(b) If the person applies for the issuance or renewal of a | ||
new or duplicate driver's license or personal identification | ||
certificate or for the reinstatement of a license, as applicable, | ||
the department may not issue to the person a driver's license or | ||
certificate unless the license or certificate includes a | ||
distinctive symbol or marking on the face of the license or | ||
certificate indicating that the person has been convicted of an | ||
offense under Chapter 20A, Penal Code. The department by rule shall | ||
specify the symbol or marking required by this subsection. | ||
(c) The distinctive symbol or marking required by | ||
Subsection (b) is in addition to any other information on the | ||
person's driver's license or personal identification certificate | ||
required by this chapter or the department. | ||
(d) A person may apply to the department for a driver's | ||
license or personal identification certificate that does not | ||
include the distinctive symbol or marking described by Subsection | ||
(b) if the person provides evidence to the department that: | ||
(1) an order of expunction under Chapter 55, Code of | ||
Criminal Procedure, has been issued with respect to the offense | ||
under Chapter 20A, Penal Code; | ||
(2) the person has been pardoned for the offense under | ||
Chapter 20A, Penal Code, under the authority of a state or federal | ||
official; or | ||
(3) the conviction for the offense under Chapter 20A, | ||
Penal Code, was otherwise vacated, set aside, annulled, | ||
invalidated, voided, or sealed under any state or federal law. | ||
(e) If a person provides the evidence described by | ||
Subsection (d), the department shall: | ||
(1) issue a driver's license or personal | ||
identification certificate that does not include the distinctive | ||
symbol or marking described by Subsection (b); and | ||
(2) remove the indication required by Subsection (a) | ||
in any driver's license record or personal identification | ||
certificate record maintained by the department for the person. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2023. |