Proposed Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

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 (Department) proposes amendments to §15.24 concerning Identification of Applicants. An amendment to §15.24 is necessary to prevent circumvention of the Texas identification requirements. Individuals, who cannot meet the current Texas identification requirements, obtain driver licenses and identification certificates issued by other states with identification standards not equal to or greater than those required in Texas. The individuals then use the out-of-state driver licenses and identification certificates, issued under inferior identification requirements, as a form of secondary identification to obtain Texas driver licenses and identification certificates. Additionally, individuals attempt to use traffic citations completed with unverified identifying information to obtain Texas driver licenses and identification certificates. These individuals contend that the citation is an original court order and should be considered as a form of secondary identification under the current rule. An amendment to this section, which would restrict the acceptable court orders to official name and gender changes, would eliminate this circumvention of the Texas identification requirements. Lastly, the Department proposes an amendment which would provide necessary uniformity regarding the validity period of acceptable federal documentation. The proposed amendment would require United States Bureau of Citizenship and Immigration Services documents to be issued for at least one year and with at least six months of validity remaining at the time of application.

Oscar Ybarra, Chief of Finance, has determined that. for each year of the first five-year period the rule proposal 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, commercial 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 proposal 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.

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 Governmental Code does not apply to this rule proposal. Accordingly, the Department is not required to complete a takings impact assessment regarding this rule.

Comments on the proposal may be submitted to Monica Ogilvie, 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;

(D) unexpired United States Bureau of Citizenship and Immigration Services document 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. The document must contain verifiable [ ~~with verified~~ ] data and identifiable photo; or,

(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;]~~

(C) [ ~~(D)~~ ] original or certified copy of court order with name and date of birth (DOB) indicating an official change of name and/or gender. [ ~~; 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);

(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) unexpired photo [ ~~expired~~ ] DL or photo ID issued by another (United States) state, US territory, the District of Columbia or Canadian province [ ~~that is within two years of the expiration date~~ ];

(M) expired photo DL or photo ID issued by another (United States) state, US territory, the District of Columbia or Canadian province that is within two years of the expiration date [ ~~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,

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 February 20, 2008.

TRD-200801029

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: April 6, 2008

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

37 TAC §15.25

The Texas Department of Public Safety proposes amendments to §15.25, concerning the address of applicants for an original, renewal or duplicate driver license, or identification certificate. Proposed amendments to §15.25 are necessary to prevent circumvention of the Texas application and residence requirements.

Oscar Ybarra, Chief of Finance, has determined that, for each year of the first five-year period the rule proposal is in effect, there will be no fiscal implications for state or local government or local economies.

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.

Comments on the proposal may be submitted to Monica Ogilvie, Staff Attorney, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0300, (512) 424-5231.

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 for a driver license and identification certificate is:

(1) The applicant's [ ~~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~~ ]. Applicants may be required by the department to provide proof satisfactory to the department to establish the Texas residence address provided. All documents must be verifiable.

(2) The complete street address including apartment numbers and such terms as street, circle, drive, or court should be used whenever possible. The city, state, zip code, and type of residence must be shown as part of the address on all applications for driver 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. 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 there is no mail delivery at the address shown, then a post office box number or other mailing address must be shown in conjunction with the Texas residence address provided. If an applicant has a mailing address in addition to [ ~~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) A mailing address is required to obtain a commercial driver license. [ 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 only 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.]~~

(7) [ ~~(10)~~ ] Military personnel and their dependents 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 provided and used. A member of the armed forces may provide a residence address outside of Texas.