Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 15.
DRIVER LICENSE RULES
Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.24
The Texas Department of Public Safety proposes an amendment
to §15.24, concerning the identification of applicants for an original,
renewal or duplicate driver license or identification certificate.
The amendment to §15.24 is proposed in an effort to address the concerns
of foreign students and foreign visiting workers who apply for a driver license
or identification certificate. This proposal will amend §15.24 to expand
the types of documents that are acceptable as primary identification of an
applicant without compromising the security of the driver license or identification
certificate. The proposed amendment would add a foreign passport accompanied
by an appropriate document issued by the United States Department of State
and other verifiable documentation as necessary to the list of acceptable
primary documentation. This amendment is necessary to enable a foreign student
or worker to obtain a driver license or identification certificate with a
foreign passport accompanied by appropriate documentation without additional
supporting documents. This amendment will make it possible for these applicants
to obtain a valid Texas driver license or identification certificate while
conducting business or study in the United States.
Additionally, the amendment is necessary to reflect that the document previously
issued by the United States Immigration and Naturalization Service is now
issued by the United States Bureau of Citizenship and Immigration Services.
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 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 to assist in the positive identification of an
applicant for a Texas driver license, commercial driver license or identification
certificate. There is no anticipated economic cost to small or large businesses.
The cost to individuals who are required to comply with the amendment as proposed
will be the standard cost of obtaining a Texas driver license, commercial
driver license or identification certificate.
A public hearing on the proposal will be held in Austin on May 23, 2006
at 9:00 a.m. in the Department of Public Safety Criminal Law Enforcement Auditorium,
Building E, located at 6100 Guadalupe Street, Austin, Texas. The hearing will
be structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
There will be no open discussion during the hearing.
Comments on the proposal may be submitted to Claire McGuinness, Senior
Staff Attorney, Driver License Division, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773- 0300, (512) 424-5231.
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.
§15.24.Identification of Applicants.
All original applicants for a driver license or identification certificate
must present proof of identity satisfactory to the department. All documents
must be verifiable. There are three categories of documents that may be presented
to establish proof of identity.
(1)
Primary identification. These items are complete within
themselves and require no supporting instruments: These documents must contain
the applicant's complete name and full date of birth:
(A)
Texas driver license (DL) or identification certificate
(ID) with photo within two years of expiration date;
(B)
unexpired United States passport;
(C)
United States citizenship (naturalization) certificate
with identifiable photo;
(D)
unexpired United States
Bureau of Citizenship and
Immigration Services
[
(E)
unexpired United States military ID card for active duty,
reserve or retired personnel with identifiable photo.
(F)
foreign passport with a visa
issued by the United States Department of State (valid or expired) with unexpired
I-94 marked valid for a fixed duration. The Form I-94 must have been issued
for a period of at least one year and must be valid for no less than six (6)
months from the date presented to the department with a completed application.
(G)
foreign passport with a visa
issued by the United States Department of State (valid or expired) with an
I-94 marked valid for the duration of stay accompanied by appropriate documentation.
(2)
Secondary identification. These items are recorded governmental
documents (United States, 1 of the 50 states, a United States territory, District
of Columbia or Canadian province):
(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)
unexpired photo DL or photo ID issued by another (United
States) state, US territory, the District of Columbia, or Canadian province;
(D)
original or certified copy of court order with name and
date of birth (DOB); or,
(E)
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 not all inclusive. The examining
or supervisory personnel may determine that an unlisted document meets the
department's needs in establishing identity.
(A)
school records;
(B)
insurance policy (at least two years old);
(C)
vehicle title;
(D)
military records;
(E)
unexpired military dependant identification card;
(F)
original or certified copy of marriage license or divorce
decree;
(G)
voter registration card;
(H)
Social Security card;
(I)
pilot's license;
(J)
concealed handgun license;
(K)
Texas driver's license temporary receipt;
(L)
expired DL or ID issued by another state, territory, District
of Columbia or Canadian province that is within two years of the expiration
date;
(M)
a foreign passport (with or without a United States Visa);
(N)
a consular document issued by a state or national government;
or
(O)
an offender identification card or similar form of identification
issued by the Texas Department of Criminal Justice.
(4)
Every original applicant must present:
(A)
one piece of primary identification, or
(B)
one piece of secondary identification plus two pieces of
support identification; or,
(C)
two pieces of secondary identification.
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 April 25, 2006.
TRD-200602306
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 11, 2006
For further information, please call: (512) 424-2135
37 TAC §15.25
The Texas Department of Public Safety proposes an amendment
to §15.25, concerning the application requirements for an original, renewal
or duplicate driver license or identification certificate.
The amendment to §15.25 is proposed in an effort to clarify that an
applicant for an original, renewal or duplicate driver license or identification
certificate must provide a Texas residence address. This amendment is necessary
to allay confusion regarding where an applicant's residence address may be
located. Additionally, the amendment removes language regarding the use of
an out-of-state address.
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 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 to make the department better able to serve the
resident's of Texas by requiring that an applicant for a driver license or
identification certificate provide a Texas residence address. There is no
anticipated economic cost to small or large businesses. The cost to individuals
who are required to comply with the amendment as proposed will be the standard
cost of obtaining a Texas driver license, commercial driver license or identification
certificate.
A public hearing on the proposal will be held in Austin on May 23, 2006
at 9:00 a.m. in the Department of Public Safety Criminal Law Enforcement Auditorium,
Building E, located at 6100 Guadalupe Street, Austin, Texas. The hearing will
be structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
There will be no open discussion during the hearing.
Comments on the proposal may be submitted to Claire McGuinness, Senior
Staff Attorney, Driver License Division, Texas Department of Public Safety,
P.O. Box 4087, Austin, Texas 78773-0300, (512) 424-5231.
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.
§15.25.Address.
The address
requirement
[
(1)
The best
Texas
residence address obtainable
must be given. A business address is not acceptable; unless the applicant
is a traveling salesman or other transient, his
Texas
business
address may be used.
(2)
The complete street address including apartment numbers
and such terms as street, circle, drive, or court should be used whenever
possible. In rural areas, route number and box number should be given. If
there is no mail delivery at the address shown, post office box number or
other mailing address may be shown with the street address. This address is
required for a Commercial Driver's License (CDL) and a nonCDL.
(3)
The application form also provides space for a mailing
address. If an applicant has a mailing address other than the
Texas
residence address, this address may include post offices boxes, business
addresses, or other mailing locations. A mailing address is required on a
CDL. This address may be used with a
Texas
residence address on
a nonCDL data card.
(4)
The city, state, and zip code must be shown as part of
the address on all applications for driver's licenses and identification certificates.
The zip code may be a five or nine digit number until such time as the nine
digit number is required by the department or postal authorities.
(5)
A general delivery address must not be used except in very
small communities when no street or route addresses are available.
(6)
A post office box number is not acceptable if a better
address can be obtained. The post office box number may be listed in addition
to a
Texas
residence address.
(7)
Apartment or residence hotel addresses may be given.
(8)
Applicant's near relative's address may be accepted if
Texas
residence of the applicant is not permanent and if mail can be
forwarded to the applicant.
(9)
To insure delivery "In care of" should be used as a part
of any address where mail is to be delivered to the address of another person.
[
(10)
[
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 April 25, 2006.
TRD-200602307
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: June 11, 2006
For further information, please call: (512) 424-2135
Chapter 151.
GENERAL PROVISIONS
Immigration and Naturalization Service
]
document with verified data and identifiable photo; or,
requirements
] for
a driver license
[
driver's licenses
] and identification
certificate is
[
certificates are
]:
(10)
Out-of-state residence addresses may
be used on nonCDL licenses if they are better or more permanent than an in-state
license.
]
(11)
] Military personnel should
give complete address such as: John Henry Smith, Co. B, 25th Inf., Camp Barkeley,
Abilene, Texas. If a member of the armed forces has a residence address in
Texas, it should be used.
A member of the armed forces may provide a
residence address outside of Texas.
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE