PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1. ORGANIZATION AND ADMINISTRATION
SUBCHAPTER P. DISHONORED PAYMENT DEVICE FEE
The Texas Department of Public Safety proposes an amendment to §1.211, concerning Dishonored Check Fee. Amendment to the section changes the subchapter and section title in order to address other types of payments, such as electronic. In addition, the section is reformatted in order to add new subsection (a) which addresses electronic payments, and new subsection (c) which addresses how reimbursement payments are to be applied.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for local government or local economies. The projected annual increase in revenue to the state for collecting the increased dishonored fee is $26,300.00. The projected annual increase in revenue to the state for collecting non-payments associated with electronic transactions is $25,500.00.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. The anticipated economic cost to individuals who are required to comply with the rule as proposed will be the $30 dishonored payment device fee. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be an increase in the amount of money the department collects to cover the rising costs resulting from dishonored payment devices. The person who provides the dishonored payment device should pay the resulting costs, rather than the taxpayers.
The Department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, the Department is not required to complete a takings impact assessment regarding this rule.
Comments on the proposal may be submitted to Celia Fuller, Manager, Central Cash Receiving, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0131, (512) 424-2240.
The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §411.0135.
Texas Government Code, §411.004(3) and §411.0135 are affected by this proposal.
§1.211.Dishonored Payment Device [ Check ] Fee.
(a) When used in this rule, the term "dishonored payment device" is defined as a check, draft, order, electronic funds transfer or other instrument that is not honored upon presentment for reasons including, but not limited to, the account upon which the device has been drawn or made does not exist, is closed or does not have sufficient funds or credit for payment of the device in full.
(b) A [Pursuant to Texas
Business and Commerce Code, §3.506, a] fee of
$30 [$25
] will be assessed on each dishonored
payment device [check
] returned to the Texas Department of Public Safety.
(c) Any payment made will first be applied to the dishonored payment device fee and the remainder will be applied to the underlying charge or fee.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 2008.
TRD-200803250
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 3, 2008
For further information, please call: (512) 424-2135
SUBCHAPTER A. LICENSING REQUIREMENTS
The Texas Department of Public Safety (Department) proposes an amendment to §15.1, concerning Who Must Be Licensed.
On April 24, 2008, the Public Safety Commission adopted changes to 37 TAC §15.24 and §15.25. These changes were effective May 20, 2008. As a result of these changes, the Department proposes amending §15.1 to conform to the recent rule changes. In addition, the Department proposes adding the term "personal identification certificate" to paragraph (2) so that the definition of resident is uniformly applied to applicants for a driver license and applicants for a personal identification certificate.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. The cost to individuals who are required to comply with the rule as proposed will be the standard cost of obtaining a Texas driver license or identification certificate. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be current and updated rules.
The Department has determined that this proposal is not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Governmental Code does not apply to this rule. Accordingly, the Department is not required to complete a takings impact assessment regarding this rule.
Written comments on the proposal may be submitted to Susana Esparza, Staff Attorney, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0300; by fax to (512) 424-5233; or by email to Susana.Esparza@txdps.state.tx.us within 30 days of publication of this proposal in the Texas Register.
A public hearing is scheduled for Tuesday, July 15, 2008, from 9:00 a.m. to 12:00 p.m. at the Texas Department of Public Safety Headquarters, CLE Auditorium, located at 6100 Guadalupe Street, Building E, Austin, Texas 78752. Persons requiring further information, special assistance, or accommodations should contact Natalie Acevedo at (512) 424-5232.
The amendment is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005 and §521.142 are affected by this proposal.
§15.1.Who Must Be Licensed.
All persons, except those expressly exempt by law, who live in Texas and operate a motor vehicle upon a public street or highway must have a valid driver license.
(1) Any person holding a valid driver license need not obtain any other state permit for the operation of a motor vehicle on the highway. Some cities, however, issue special city taxi driver permits by ordinance or state law.
(2) For driver licensing and personal identification certificate
policy purposes, a resident is defined as a [every
] person who actually and physically lives [whose
domicile is] in the State of Texas.
(3) All other persons who do not come within the scope of the preceding definition of a resident will be classified as nonresidents.
[(4) When needed, a Texas
driver license (noncommercial driver license) may be issued to any
nonresident who is able to meet the requirements.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 2008.
TRD-200803248
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 3, 2008
For further information, please call: (512) 424-2135
The Texas Department of Public Safety (Department) proposes new Subchapter K, §15.171, concerning the issuance of driver licenses and identification certificates to non-citizens.
The Public Safety Commission directed the Driver License Division to draft a rule requiring applicants who are not citizens or lawful permanent residents of the United States to present proof of their lawful status in order to obtain a Texas driver license or identification certificate. (For ease of reading, driver licenses and identification certificates are hereinafter collectively referred to as a "license" or "licenses.")
A state-issued driver license or identification certificate is a key link to public safety, privacy and national security. For the safety, security and peace of mind of its residents, Texas must produce a recognizably reliable source of identification in issuing licenses and, at the same time, reduce exposure to identity theft and fraud. To protect the integrity of Texas licenses, the Department believes it must make permanent changes that strengthen identity and residency requirements.
The Department proposes this rule to verify residency in the State, to enhance security and identity features of state-issued licenses, and to address issues of fraud and misrepresentation in the application process. Licenses are routinely used by the Department, financial institutions, retailers, law enforcement, and other entities to establish a cardholder's identity. Accordingly, the proposed rule is necessary to help protect the integrity of Texas licenses for those who rely upon the licenses' authenticity.
A case recently prosecuted by the United States Attorney's Office revealed that the Texas driver license issuance system has a problem in that the license expiration extends beyond the expiration of an individual's authorized admission period. The U.S. Attorney's Office has pointed out that the state-issued driver license is nationally recognized as an identity card, and that a license that is valid beyond the expiration of an individual's authorized admission period provides cover to individuals who are not lawfully in the country. In addition, the case exposed that a loophole in Texas statute was being exploited by individuals from other states to obtain a Texas license to overstay their authorized admission period and avoid immigration enforcement.
Currently, applicants for a Texas driver license or identification certificate are not required to provide proof of lawful admission status in the United States to establish residency in Texas. An applicant can claim to be a resident of the State by merely attesting to a residence address on the application for a Texas driver license or identification certificate. This prevents the Department from ensuring that licenses are issued only to applicants who are lawfully residing in the State. It is not reasonable for the Department to issue a license to an applicant based on the applicant's declaration of residency in the State without requiring valid documentation indicating authorization for the individual to be in the United States. Therefore, the proposed rule is necessary to ensure that the Department issues licenses only to individuals who are legally present in the United States and who do not misrepresent being a resident of the State. Additionally, it is necessary to link state residency to federal legal presence standards to ensure that the issuance and subsequent use of state-issued licenses do not undermine national security.
Further, Texas Transportation Code, §521.0305 requires a person from a foreign country that has an agreement with the Department under this section to present to the Department documentation issued by the United States agency responsible for citizenship and immigration authorizing the person to be in the United States before the person may be issued a driver license under the agreement. It is not reasonable that individuals from foreign countries that have an agreement with the Department be required to present documentation demonstrating lawful presence in the United States, while all other applicants who are not citizens of the United States or who are from foreign countries that do not have an agreement with the Department are not required to present such documentation. The proposed rule is necessary to ensure that all applicants who are not citizens of the United States comply with the same requirements and are treated in the same manner.
Accordingly, the proposed rule provides the Department the ability to require applicants with lawful status to present valid documentation demonstrating such lawful status and thus ensuring that licenses are issued only to applicants who are eligible for a Texas driver license or identification certificate. An individual with lawful temporary admission status of at least six months would be issued a license that displays the end date of the admission period authorized by the U.S. government. An individual who is not legally present in the United States because the individual has entered the country without permission or has stayed beyond the period authorized by federal authorities, or an individual whose lawful admission period is less than six months, will not be granted a license.
In addition, the proposed rule requires a cardholder whose lawful status has been updated or extended to present valid documentation of such status change or extension before a duplicate license will be issued. This in effect provides the Department the ability to ensure that the cardholder is still eligible for and entitled to the license. The license will be cancelled if the cardholder is unable to present valid documentation that indicates federal approval to remain in the United States beyond the status date.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the section as proposed. The cost to individuals who are required to comply with the rule as proposed will be the standard cost of obtaining a Texas driver license or identification certificate. There is no anticipated negative impact on local employment.
In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be enhancing public safety and homeland security; aiding law enforcement; and ensuring the integrity of state-issued driver license and identification certificates.
The Department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The Department has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, the Department is not required to complete a takings impact assessment regarding this rule.
Written comments on the proposal may be submitted to Susana Esparza, Staff Attorney, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0300; by fax to (512) 424-5233; or by email to Susana.Esparza@txdps.state.tx.us within 30 days of publication of this proposal in the Texas Register.
A public hearing is scheduled for Tuesday, July 15, 2008, from 9:00 a.m. to 12:00 p.m. at the Texas Department of Public Safety Headquarters, CLE Auditorium, located at 6100 Guadalupe Street, Building E, Austin, Texas 78752. Persons requiring further information, special assistance, or accommodations should contact Natalie Acevedo at (512) 424-5232.
The new section is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Texas Transportation Code, §521.005, authorizing the department to adopt rules to administer the issuance of driver licenses and personal identification cards, including information required to be furnished by applicants.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005 and §521.142 are affected by this proposal.
§15.171.Issuance of Driver Licenses and Identification Certificates to Non-citizens.
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 2008.
TRD-200803249
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 3, 2008
For further information, please call: (512) 424-2135