37 TAC §15.42
The Texas Department of Public Safety proposes an amendment
to §15.42, concerning the eligibility of non-United States residents,
ineligible to obtain a social security number due to immigration status, to
obtain a driver's license. The amendment is necessary due to the anticipated
policy change of the Social Security Administration (SSA) regarding the issuance
of social security numbers (SSNs). It is expected that the SSA will begin
issuing SSNs only to aliens who are lawfully in the United States for the
purpose of work and will no longer issue SSNs solely for the purpose of obtaining
a driver's license. On September 1, 1998, the department adopted emergency
rules relating to this amendment. This amendment proposed for permanent adoption
contains pertinent changes from the emergency rule previously filed. (NOTE:
SSA was scheduled to make this policy change effective September 1, 1998).
Subsection (c) and (d) are amended for clarification regarding verification
of SSN for Identification Certificate and eligible renewal-by-mail applicants.
The amendment further adds new subsection (e) which sets forth the procedures
and provides a means for the department to continue processing driver's license
applications for individuals ineligible to obtain an SSN due to immigration
status.
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
or administering the rule will be to inform the public of the procedures required
of individuals, ineligible for SSN issuance due to immigration status, to
obtain a driver's license. There is no anticipated economic cost to small
or large businesses. The cost to individuals who are required to comply with
the section will be the cost of a Texas driver's license.
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 amendment is proposed pursuant to Texas Transportation Code,
§521.005 which provides the director of the Texas Department of Public
Safety with the authority to adopt rules necessary to administer this chapter.
Texas Transportation Code, §521.005 is affected by this proposal.
§15.42.Social Security Number.
(a)
The social security number shall be obtained from all applicants
for the purpose of additional identification. Texas
Transportation Code,
§521.142(e)
[
Civil Statutes, Article 6687b, §6
],
provides that the department may require information necessary to determine
the applicant's identity, competency, and eligibility.
(b)
(No change.)
(c)
On all duplicate and renewal driver's license applications,
the documented social security number shall be obtained where it is not currently
a part of the driving record. After the social security number becomes a part
of the driver's license record, all future duplicate and renewal of driver's
license will be verified for correct social security number.
Eligible
renewal-by-mail applicants are required to provide a social security number
certified by signature that the number provided on the application is true
and correct.
[
Eligible renewal-by-mail applicants are not required
to provide a social security number.
]
(d)
Applicants for an identification certificate will
be asked to provide verification of SSN documentation. If the applicant fails
or refuses to provide that social security information, the identification
certificate will be issued without such documentation unless state or federal
statute requires otherwise.
[
The Federal Privacy Act prohibits
the requiring of a person's social security number as a condition of the issuance
of an identification card. If the applicant refuses to show a social security
card, the ID card must be issued without requiring the social security card.
]
(e)
Individuals who do not possess a social
security number will be referred to the Social Security Administration to
obtain such number.
(1)
An individual, ineligible to obtain a social security number
due to immigration status, will be required to obtain a letter from the Social
Security Administration (SSA L-676) indicating their non-eligibility.
(2)
Upon presentation of the Social Security Administration
letter demonstrating the applicant's ineligibility to obtain a social security
number, the department will assign the applicant an alternate numeric identifier,
to be used in lieu of the social security number. Thereafter, the driver's
license application will be processed in accordance with existing policies,
rules, and procedures.
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
December 22, 1998.
TRD-9818551
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 7, 1999
For further information, please call: (512) 424-2135