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  H.B. No. 2161
 
 
 
 
AN ACT
  relating to a personal identification certificate or driver's
  license issued to present or former inmates of the Texas Department
  of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 501.015(a), Government Code, is amended
  to read as follows:
         (a)  When an inmate is discharged or is released on parole,
  mandatory supervision, or conditional pardon, the department
  [institutional division] shall provide the inmate with:
               (1)  suitable civilian clothing;
               (2)  money held in the inmate's trust account by the
  director; [and]
               (3)  cash, in an amount and in the manner described by
  Subsection (b); and
               (4)  a personal identification certificate obtained
  under Section 501.0165, if available.
         SECTION 2.  Subchapter A, Chapter 501, Government Code, is
  amended by adding Section 501.0165 to read as follows:
         Sec. 501.0165.  STATE-ISSUED IDENTIFICATION; NECESSARY
  DOCUMENTATION.  (a)  Before discharging an inmate or releasing an
  inmate on parole, mandatory supervision, or conditional pardon, the
  department shall:
               (1)  determine whether the inmate has:
                     (A)  a valid license issued under Chapter 521 or
  522, Transportation Code; or
                     (B)  a valid personal identification certificate
  issued under Chapter 521, Transportation Code; and
               (2)  if the inmate does not have a valid license or
  certificate described by Subdivision (1), submit to the Department
  of Public Safety on behalf of the inmate a request for the issuance
  of a personal identification certificate under Chapter 521,
  Transportation Code.
         (b)  The department shall submit a request under Subsection
  (a)(2) as soon as is practicable to enable the department to provide
  the inmate with the personal identification certificate when the
  department discharges or releases the inmate.
         (c)  The department, the Department of Public Safety, and the
  bureau of vital statistics of the Department of State Health
  Services shall by rule adopt a memorandum of understanding that
  establishes their respective responsibilities with respect to the
  issuance of a personal identification certificate to an inmate,
  including responsibilities related to verification of the inmate's
  identity.  The memorandum of understanding must require the
  Department of State Health Services to electronically verify the
  birth record of an inmate whose name and any other personal
  information is provided by the department and to electronically
  report the recorded filing information to the Department of Public
  Safety to validate the identity of an inmate under this section.
         (d)  The department shall reimburse the Department of Public
  Safety or the Department of State Health Services for the actual
  costs incurred by those agencies in performing responsibilities
  established under this section.  The department may charge an
  inmate for the actual costs incurred under this section or the fees
  required by Section 521.421, Transportation Code.
         (e)  This section does not apply to an inmate who:
               (1)  is not legally present in the United States; or
               (2)  was not a resident of this state before the person
  was placed in the custody of the department.
         SECTION 3.  Section 521.001(a), Transportation Code, is
  amended by amending Subdivision (1) and adding Subdivisions (1-a)
  and (7-a) to read as follows:
               (1)  "Correctional facility" means:
                     (A)  a place described by Section 1.07(a)(14),
  Penal Code; or
                     (B)  a secure correctional facility or secure
  detention facility, as defined by Section 51.02, Family Code.
               (1-a)  "Department" means the Department of Public
  Safety.
               (7-a)  "Parole facility" means a place described by
  Section 508.118 or 508.119, Government Code.
         SECTION 4.  Section 521.101, Transportation Code, is amended
  by adding Subsection (f-1) to read as follows:
         (f-1)  A personal identification certificate issued to a
  person whose residence or domicile is a correctional facility or a
  parole facility expires on the first birthday of the license holder
  occurring after the first anniversary of the date of issuance.
         SECTION 5.  Section 521.271, Transportation Code, is amended
  to read as follows:
         Sec. 521.271.  LICENSE EXPIRATION.  (a)  Each original
  driver's license and provisional license expires as follows:
               (1)  except as provided by Section 521.2711, a driver's
  license expires on the first birthday of the license holder
  occurring after the sixth anniversary of the date of the
  application;
               (2)  a provisional license expires on the earlier of:
                     (A)  the 18th birthday of the license holder; or
                     (B)  the first birthday of the license holder
  occurring after the date of the application;
               (3)  an instruction permit expires on the second
  birthday of the license holder occurring after the date of the
  application; [and]
               (4)  an occupational license expires on the first
  anniversary of the court order granting the license; and
               (5)  unless an earlier date is otherwise provided, a
  driver's license issued to a person whose residence or domicile is a
  correctional facility or a parole facility expires on the first
  birthday of the license holder occurring after the first
  anniversary of the date of issuance.
         (b)  Except as provided by Section 521.2711, a driver's
  license that is renewed expires on the earlier of:
               (1)  the sixth anniversary of the expiration date
  before renewal; or
               (2)  for a renewal driver's license issued to a person
  whose residence or domicile is a correctional facility or a parole
  facility, the first birthday of the license holder occurring after
  the first anniversary of the date of issuance unless an earlier date
  is otherwise provided.
         SECTION 6.  Section 521.421, Transportation Code, is amended
  by adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  The fee for a personal identification certificate
  issued under Section 501.0165, Government Code, is $5.
         (a-2)  Except as provided by Subsection (a-1), the
  department by rule shall establish the fee for a personal
  identification certificate or driver's license issued to a person
  whose residence or domicile is a correctional facility or a parole
  facility.
         SECTION 7.  Section 522.051, Transportation Code, is amended
  by adding Subsection (g) to read as follows:
         (g)  A commercial driver's license issued to a person whose
  residence or domicile is a correctional facility or a parole
  facility expires on the first birthday of the license holder
  occurring after the first anniversary of the date of issuance. The
  department by rule shall establish the fee for a commercial
  driver's license issued to a person whose residence or domicile is a
  correctional facility or a parole facility.
         SECTION 8.  Section 522.052, Transportation Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  A renewal commercial driver's license issued to a person
  whose residence or domicile is a correctional facility or a parole
  facility expires on the first birthday of the license holder
  occurring after the first anniversary of the date of issuance.
         SECTION 9.  This Act does not make an appropriation.  A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 10.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2161 was passed by the House on May 1,
  2009, by the following vote:  Yeas 112, Nays 29, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2161 on May 29, 2009, by the following vote:  Yeas 120, Nays 23,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2161 was passed by the Senate, with
  amendments, on May 23, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor