The Texas Department of Public Safety proposes new §15.30, concerning Identification Certificates. The proposed new section which will be compatible with §15.23 (relating to Names) and §15.24 (relating to Identification of Applicants) provides for better, more positive identification of applicants for Texas driver's licenses and identification certificates. The new section is proposed simultaneously with the repeal of current §15.30.

Tom Haas, 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 as a result of enforcing or administering the rule.

Mr. Haas also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be more positive identification of license and certificate holders. There is no anticipated economic cost to small or large businesses. The anticipated cost to persons who are required to comply with the section as proposed will be the cost of obtaining a driver's license or identification certificate.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The new section is proposed pursuant to Texas Government Code, §411.006(4), which authorizes the director of the Texas Department of Public Safety to adopt rules, subject to commission approval, considered necessary for the control of the department and Texas Transportation Code, §521.005.

Texas Government Code, §411.006(4) and Texas Transportation Code, §521.005 are affected by this proposal.

§15.30.Identification Certificates.

(a)

Identification certificates are dated to expire on the next birth date of the holder occurring six years after date of application, except that a certificate that is issued to a person 60 years of age or older does not expire.

(b)

All original applicants for identification certificate must present proof of identity satisfactory to the department. There are three categories of documents that may be presented to establish that acceptable proof of identity.

(1)

Standalone identification. These items are complete within themselves and require no supporting instruments:

(A)

valid or expired Texas driver's license (DL) or identification (ID) with photo;

(B)

United States passport;

(C)

United States citizenship (naturalization) certificate with identifiable photo;

(D)

United States Immigration and Naturalization Service document with verified data and identifiable photo. This would include a valid passport issued by a foreign country with a valid United States visa;

(E)

valid photo DL or photo ID issued by another (United States) state, Puerto Rico, or the District of Columbia; or,

(F)

United States military ID card with identifiable photo.

(2)

Documented identification. These items are recorded governmental documents (United States, 1 of the 50 states, a United States territory, District of Columbia) whose authenticity can be verified (traceable to an original source for confirmation or refutation):

(A)

original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency;

(B)

original or certified copy of United States Department of State Certification of Birth (issued to United States citizens born abroad); or

(C)

original or certified copy of court order with name and date of birth (DOB).

(D)

For applicants born before 1961, the following items would be acceptable in this category:

(i)

original or certified copy of Form DD-214;

(ii)

original or certified copy of other state or federal governmental record that states name and DOB (such as United States census records or Social Security records).

(3)

Supporting identification. These items consist of other records or documents that aid examining personnel in establishing the identity of the applicant. The following items are listed as examples only and should not be construed as an absolute list of "must have" items:

(A)

public school records;

(B)

infant baptismal records;

(C)

insurance policy (at least two (2) years old);

(D)

vehicle title;

(E)

home mortgage records;

(F)

marriage license;

(G)

two years of utility bills;

(H)

children's birth certificates;

(I)

library card;

(J)

military records;

(K)

award or certificate from educational institution;

(L)

original or certified copy of marriage license or divorce decree;

(M)

voter registration card;

(N)

Social Security card;

(O)

pilot's license;

(P)

concealed handgun license; or

(Q)

Texas driver's license temporary receipt.

(4)

Every original applicant must present:

(A)

one piece of standalone identification, or

(B)

one piece of documented identification plus one or more pieces of support identification.

(c)

Basic requirements are as follows:

(1)

age: no limits;

(2)

fee: $15.00; except for applicants 60 years of age or older, the fee is $5.00;

(3)

expiration: next birth date of applicant occurring six years after date of application; except that a certificate that is issued to a person 60 years of age or older does not expire.

(4)

tests: none required.

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 March 16, 1999.

TRD-9901618

Dudley M. Thomas

Director

Texas Department of Public Safety

Earliest possible date of adoption: May 2, 1999

For further information, please call: (512) 424-2135