| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |