EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the code. [Brackets] indicate deletion of existing material within a section. TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART I. Texas Department of Public Safety CHAPTER 15.Drivers License Rules SUBCHAPTER B.Application Requirements Original, Renewal, Duplicate, and Identification Certificates 37 TAC sec.15.42 The Texas Department of Public Safety adopts on an emergency basis an amendment to sec.15.42, concerning the eligibility of non United States residents, lawfully present in the United States, but not possessing a social security number, to obtain a driver's license. The adoptions are necessary, as the Social Security Administration (SSA) has changed its policy regarding the issuance of social security numbers (SSNs). Effective September 1, 1998, SSA will only issue SSNs to aliens lawfully in the United States for work purposes and will not issue SSNs solely for the purpose of obtaining a driver's license. The department finds that adoption of these rules on fewer than 30 days notice is required by state law. The amendment 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 lawfully admitted into the United States, but ineligible to obtain an SSN. The amendment is adopted on an emergency basis pursuant to Texas Transportation Code, sec.521.005 which provides the director of the Texas Department of Public Safety with the authority to adopt rules necessary to administer this chapter. sec.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, sec.521.142(e)
    [Civil Statutes, Article 6687b, sec.6], provides that the department may require information necessary to determine the applicant's identity, competency, and eligibility. (b)-(d) (No change.) (e)
      Individuals who do not possess a social security number will be referred to the Social Security Administration to obtain such number.
        (1)
          Individuals lawfully admitted into the United States, but ineligible to obtain a social security number due to immigration status, must obtain a letter from the Social Security Administration indicating their noneligibility.
            (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 statutes, policies, rules, and procedures.
                Filed with the Office of the Secretary of State, on August 28, 1998. TRD-9813728 Dudley M. Thomas Director Texas Department of Public Safety Effective date: September 1, 1998 Expiration date: December 30, 1998 For further information, please call: (512) 424-2890