HB3426 - Relating to the issuance of digital driver's licenses, commercial driver's licenses, and personal identification certificates; authorizing a fee.

  89R14944 AJZ-D     By: Capriglione, Landgraf, Canales, et al. H.B. No. 3426       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of digital driver's licenses, commercial   driver's licenses, and personal identification certificates;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 7, Transportation Code, is   amended by adding Chapter 526 to read as follows:   CHAPTER 526. DIGITAL DRIVER'S LICENSES, COMMERCIAL DRIVER'S   LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 526.001.  DEFINITIONS. In this chapter:                 (1)  "Commercial driver's license" includes:                       (A)     a commercial driver's license as defined by   Section 522.003; and                       (B)     a commercial learner's permit as defined by   Section 522.003.                 (2)     "Department" means the Department of Public   Safety.                 (3)     "Driver's license" has the meaning assigned by   Section 521.001.                 (4)     "Personal identification certificate" means a   certificate issued by the department under Subchapter E, Chapter   521.                 (5)     "Wireless communication device" means a device   that uses commercial mobile service, as defined by 47 U.S.C.   Section 332.   SUBCHAPTER B. ISSUANCE OF DIGITAL DRIVER'S LICENSES, COMMERCIAL   DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES           Sec.   526.051.     ISSUANCE REQUIRED. (a) The department shall   issue a digital version of a driver's license, a commercial driver's   license, and a personal identification certificate.           (b)     The department may adopt rules necessary to administer   this chapter.           Sec.   526.052.     APPLICABILITY OF OTHER LAW. (a)   Except as   otherwise provided by this chapter or other law, a digital driver's   license, commercial driver's license, or personal identification   certificate issued under this chapter is subject to the laws of this   state applicable to a physical license or certificate.           (b)     For purposes of Chapter 730, a motor vehicle record   includes a record that pertains to a digital driver's license or   commercial driver's license.           Sec.   526.053.     FORMAT OF DIGITAL DRIVER'S LICENSES,   COMMERCIAL DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION   CERTIFICATES.   (a)   A digital driver's license, commercial driver's   license, or personal identification certificate must be a data file   available on any wireless communication device through an   application that is capable of being downloaded onto the wireless   communication device. A digital driver's license, commercial   driver's license, or personal identification certificate must:                 (1)     include the information required to be included on   a physical license or certificate;                 (2)     include an authentication and verification   process for a wireless communication device that satisfies the   requirements of the International Organization for Standardization   ISO/IEC 18013-5 or a comparable or successor standard designated by   department rule;                 (3)     for a digital driver's license or commercial   driver's license, include an indication of the current status of   the license; and                 (4)     after the appropriate application is downloaded on   a wireless communication device, be accessible regardless of the   availability of an Internet network or commercial mobile service on   the device.           (b)  The department by rule may prescribe:                 (1)     the appearance, format, and orientation of a   digital driver's license, commercial driver's license, or personal   identification certificate;                   (2)     the data included in a digital driver's license,   commercial driver's license, or personal identification   certificate; and                   (3)     methods of authentication for a digital driver's   license, commercial driver's license, or personal identification   certificate.           Sec.   526.054.     FEE. The department may charge a fee for the   issuance of digital identification under Section 526.053 in an   amount necessary to cover the costs of administering this chapter.           Sec.   526.055.     DATA PRIVACY. Subject to the requirements of   Chapter 730, the department by rule shall adopt measures to ensure   data privacy for data associated with digital driver's licenses,   commercial driver's licenses, and personal identification   certificates issued under this chapter.     SUBCHAPTER C. DISPLAY OF DIGITAL DRIVER'S LICENSES, COMMERCIAL   DRIVER'S LICENSES, AND PERSONAL IDENTIFICATION CERTIFICATES           Sec.   526.101.     AUTHORITY TO REQUIRE PHYSICAL LICENSE OR   CERTIFICATE. This chapter does not affect the authority of a peace   officer or any other person to require an individual to provide a   physical driver's license, commercial driver's license, or personal   identification certificate.           Sec.   526.102.     DISPLAY NOT CONSENT TO ACCESS DEVICE   CONTENTS. Presentation by a person on a wireless communication   device of digital identification issued under this chapter does not   constitute effective consent for a peace officer or any other   person to access the contents of the person's wireless   communication device, except to view the digital identification.           Sec.   526.103.     EVIDENCE OF IDENTITY; NOT VALID FOR VOTING   PURPOSES. (a)   Unless otherwise provided by this section or state   or federal law, a person may accept digital identification issued   under this chapter as evidence of another person's identity in the   same manner as a physical driver's license, commercial driver's   license, or personal identification certificate.           (b)     Digital identification issued under this chapter may   not be used for voting purposes.           Sec.   526.104.     CHAPTER NOT APPLICABLE. A digital copy,   photograph, or image of a driver's license that is not downloaded   and displayed through the application described by Section 526.053   is not a valid digital driver's license under this chapter.          SECTION 2.  If before implementing any provision of this Act   the Department of Public Safety determines that a waiver or   authorization from a federal agency is necessary for the   implementation of that provision, the Department of Public Safety   shall request the waiver or authorization and may delay   implementing that provision until the waiver or authorization is   granted.          SECTION 3.  This Act takes effect September 1, 2025.