Bill Text: TX HB71 | 2023-2024 | 88th Legislature | Engrossed

Texas House Bill 71 (Prior Session Legislation)

Bill Title: Relating to the establishment of a program for the issuance of digital identification.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-04 - Referred to Transportation [HB71 Detail]

Download: Texas-2023-HB71-Engrossed.html



	By: Canales, Capriglione, Longoria, Cain,	H.B. No. 71
	Tinderholt, et al.


	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of a program for the issuance of
	digital identification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle B, Title 7, Transportation Code, is
	amended by adding Chapter 526 to read as follows:
	CHAPTER 526. DIGITAL IDENTIFICATION PROGRAM
	Sec. 526.0101. DEFINITIONS. In this chapter:
	(1) "Department" and "driver's license" have the
	meanings assigned by Section 521.001.
	(2) "Digital identification" includes a digital
	driver's license, a digital personal identification certificate, a
	digital handgun license, a digital hunting or fishing license, and
	a digital license issued by the Department of Public Safety under
	Chapter 1702, Occupations Code.
	(3) "Handgun license" means a license to carry a
	handgun issued under Subchapter H, Chapter 411, Government Code.
	(4) "Hunting or fishing license" means a noncommercial
	hunting or fishing license of any type issued by the Parks and
	Wildlife Department, including:
	(A) a hunting license issued under Chapter 42,
	Parks and Wildlife Code;
	(B) a fishing license issued under Chapter 46,
	Parks and Wildlife Code; or
	(C) a combination hunting and fishing license
	issued under Chapter 50, Parks and Wildlife Code.
	Sec. 526.0102. DIGITAL IDENTIFICATION PROGRAM. (a) The
	department, in consultation with the Parks and Wildlife Department,
	by rule shall establish a program for the issuance of digital
	identification.
	(b) In establishing the digital identification program, the
	department shall:
	(1) assess existing department infrastructure and
	upgrade department infrastructure according to the department's
	findings;
	(2) provide a digital identification solution that:
	(A) is capable of presenting digital
	identification on a wireless communication device that:
	(i) must include the information included
	on a driver's license, as described by Section 521.121(a); and
	(ii) may include, as applicable:
	(a) the information included on a
	handgun license, as required by Subchapter H, Chapter 411,
	Government Code;
	(b) the information included on a
	hunting or fishing license, as required by the Parks and Wildlife
	Code, including a stamp or other authorization issued by the Parks
	and Wildlife Department in connection with the hunting or fishing
	license; and
	(c) the information included on a
	license issued by the Department of Public Safety under Chapter
	1702, Occupations Code;
	(B) includes an authentication and verification
	process for a wireless communication device; and
	(C) may be used in any location regardless of the
	location's level of wireless connectivity or cellular telephone
	service;
	(3) deploy the digital identification solution; and
	(4) implement any procedures necessary to allow law
	enforcement officials to accept digital identification.
	(c) The department may not charge a fee for the issuance of
	digital identification under this section.
	(d) If an applicant is eligible for a form of identification
	described by Subsection (b), the department or the Parks and
	Wildlife Department, as applicable, shall:
	(1) issue the applicant a physical version of the
	identification; and
	(2) on request, issue the applicant digital
	identification under this section.
	(e) Digital identification issued under this section may
	not be used for voting purposes.
	SECTION 2. (a) The Department of Public Safety by rule
	shall establish the digital identification program under Chapter
	526, Transportation Code, as added by this Act, not later than
	February 1, 2025.
	(b) If before implementing any provision of this Act the
	Department of Public Safety determines that a waiver or
	authorization from a federal agency is necessary for the
	implementation of that provision, the Department of Public Safety
	shall request the waiver or authorization and may delay
	implementing that provision until the waiver or authorization is
	granted.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.