HB505 - Relating to the issuance of a certified birth record, driver's license, or personal identification certificate to a homeless individual.

  89R2367 LRM-D     By: Bucy, Collier, et al. H.B. No. 505       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of a certified birth record, driver's   license, or personal identification certificate to a homeless   individual.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 191, Health and Safety   Code, is amended by adding Section 191.00495 to read as follows:           Sec.   191.00495.     BIRTH RECORD ISSUED TO HOMELESS INDIVIDUAL.   (a)   In this section, "homeless individual":                 (1)  means an individual who:                       (A)     lacks a fixed, regular, and adequate   nighttime residence; or                       (B)  has a primary nighttime residence that is:                             (i)     a supervised publicly or privately   operated shelter designed to provide temporary living   accommodations, including welfare hotels, congregate shelters, and   transitional housing for individuals with mental illness;                             (ii)     an institution that provides a   temporary residence for individuals intended to be   institutionalized; or                             (iii)     a public or private place not   designed for, or ordinarily used as, a regular sleeping   accommodation for human beings; and                 (2)     does not include an individual who is imprisoned   or otherwise detained in a correctional facility, unless the   individual satisfies the conditions described by Subdivision (1) at   the time of the individual's arrest.           (b)     On request of a homeless individual, the state   registrar, a local registrar, or a county clerk shall issue,   without fee, a certified copy of the individual's birth record to   the individual.           (c)  The department by rule shall:                 (1)     adopt a process to verify an individual's status as   a homeless individual; and                 (2)     prescribe the documentation necessary for the   issuance of a certified copy of a birth record to a homeless   individual whose status is verified through the process adopted   under Subdivision (1).           (d)     In adopting a verification process under Subsection   (c), the department shall allow an individual requesting a birth   record to provide a letter certifying the individual is a homeless   individual that is issued by the director of:                 (1)     an emergency shelter or transitional housing   program funded by the United States Department of Housing and Urban   Development;                 (2)  a shelter for homeless individuals;                 (3)  a transitional living program; or                 (4)     a law enforcement agency of a political   subdivision of this state that appoints or employs peace officers   as described by Article 2A.001, Code of Criminal Procedure.           (e)     Notwithstanding any other law of this state, the   department may not require a homeless individual to provide a   physical address of the individual's residence to satisfy any   requirement of this section.          SECTION 2.  Subchapter I, Chapter 521, Transportation Code,   is amended by adding Section 521.184 to read as follows:           Sec.   521.184.     ISSUANCE OF LICENSE OR CERTIFICATE TO   HOMELESS INDIVIDUAL. (a)   In this section, "homeless individual"   has the meaning assigned by Section 191.00495, Health and Safety   Code.           (b)  The department by rule shall:                 (1)     adopt a process to verify an individual's status as   a homeless individual;                 (2)     prescribe the documentation necessary for the   issuance of a driver's license or personal identification   certificate to a homeless individual; and                 (3)     exempt a homeless individual from the payment of   fees under this chapter for the issuance of a driver's license or   personal identification certificate, subject to Section 521.4265.           (c)     In adopting a verification process under Subsection   (b), the department shall allow an individual applying for a   driver's license or personal identification certificate to provide   a letter certifying the individual is a homeless individual that is   issued by the director of:                 (1)     an emergency shelter or transitional housing   program funded by the United States Department of Housing and Urban   Development;                 (2)  a shelter for homeless individuals;                 (3)  a transitional living program; or                 (4)     a law enforcement agency of a political   subdivision of this state that appoints or employs peace officers   as described by Article 2A.001, Code of Criminal Procedure.           (d)     Notwithstanding any other law of this state and to the   extent permitted under federal law, the department may not require   a homeless individual to provide a physical address of the   individual's residence to satisfy any requirement of this chapter.           (e)     A rule adopted under this section regarding the issuance   of a personal identification certificate to a homeless child or   youth, as defined by Section 521.1015, must be consistent with the   provisions of that section.          SECTION 3.  Sections 521.4265(b) and (c), Transportation   Code, are amended to read as follows:          (b)  From the money in the identification fee exemption   account the department shall:                (1)  request that the comptroller transfer to the Texas   Workforce Commission amounts sufficient to cover the cost of   implementing the program under Section 521.168, including amounts   sufficient for the payment by the Texas Workforce Commission of:                      (A)  fees to entities other than the department;   and                      (B)  the Texas Workforce Commission's   implementation costs; and                (2)  for each exemption granted under Section 521.1015,   521.1016, [ or ] 521.1811, or 521.184, deposit to the credit of the   Texas mobility fund an amount that is equal to the amount of the   waived fee that would otherwise be deposited to the mobility fund.          (c)  The department may not:                (1)  request a transfer under Subsection (b)(1) if the   balance of the account for the fiscal year is less than three times   the amount expended in the previous fiscal year for the waivers   provided by Sections 521.1015(e) , [ and ] 521.1811 , and 521.184 ; or                (2)  grant an exemption under Section 521.1015,   521.1016, [ or ] 521.1811 , or 521.184, if money is not available in   the identification fee exemption account to meet the requirements   of Subsection (b)(2).          SECTION 4.  The changes in law made by this Act apply to an   application for a birth record, driver's license, or personal   identification certificate submitted on or after the effective date   of this Act. An application for a birth record, driver's license, or   personal identification certificate submitted before the effective   date of this Act is governed by the law in effect on the date the   application was submitted, and the former law is continued in   effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2025.