Bill Text: TX HB3301 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the recognition of state citizenship and the issuance of state identification cards, driver's licenses, and occupational licenses to state residents regardless of their immigration status.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-03-27 - Referred to State Affairs [HB3301 Detail]
Download: Texas-2015-HB3301-Introduced.html
| By: Rodriguez of Travis | H.B. No. 3301 | |
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| relating to the recognition of state citizenship and the issuance | ||
| of state identification cards, driver's licenses, and occupational | ||
| licenses to state residents regardless of their immigration status. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Title 11, Government Code, is | ||
| amended to read as follows: | ||
| TITLE 11. STATE SYMBOLS AND HONORS; | ||
| PRESERVATION; CITIZENSHIP | ||
| SECTION 2. Title 11, Government Code, is amended by adding | ||
| Subtitle C to read as follows: | ||
| SUBTITLE C. CITIZENSHIP | ||
| CHAPTER 3201. STATE CITIZENSHIP | ||
| Sec. 3201.001. SHORT TITLE. This Act may be cited as the | ||
| Texas Is Home Act. | ||
| Sec. 3201.002. DEFINITIONS. In this chapter: | ||
| (1) "Department" means the Texas Department of Public | ||
| Safety. | ||
| (2) "State citizen" means any individual who satisfies | ||
| the requirements of Section 3201.006. | ||
| (3) "State identification card" means the | ||
| identification card that a state citizen is eligible to receive and | ||
| includes a state citizen's state identification number and the | ||
| card's date of issuance. | ||
| (4) "State identification number" means the unique | ||
| identification number assigned to a state citizen that appears on | ||
| the state citizen's state identification card. | ||
| Sec. 3201.003. STATE CITIZENSHIP. (a) The department | ||
| shall administer this chapter. The department must: | ||
| (1) recognize the state citizenship of any individual | ||
| described by Section 3201.006; | ||
| (2) grant and renew state citizenship to any | ||
| individual who meets the criteria provided by Section 3201.006(a); | ||
| (3) issue a state identification card and state | ||
| identification number to a state citizen; | ||
| (4) renew a state identification card and state | ||
| identification number issued to a state citizen who demonstrates | ||
| continued satisfaction of the criteria listed under Section | ||
| 3201.006; and | ||
| (5) establish, publicize, and administer procedures | ||
| to grant state citizenship and issue state identification cards and | ||
| state identification numbers. | ||
| (c) The department shall adopt rules to implement this | ||
| chapter. | ||
| Sec. 3201.004. STATE CITIZENSHIP. State citizenship is a | ||
| continuing status that ends when an individual ceases to be a | ||
| resident of this state. | ||
| Sec. 3201.005. EXPIRATION OF CARD AND NUMBER. A state | ||
| identification card and state identification number issued under | ||
| this chapter are valid until the fifth anniversary of the date of | ||
| issuance. | ||
| Sec. 3201.006. CITIZENSHIP ELIGIBILITY CRITERIA; RECORDS; | ||
| CONFIDENTIALITY. (a) An individual, regardless of the | ||
| individual's immigration status, is considered to be a state | ||
| citizen if the individual: | ||
| (1) is a resident of this state and a citizen of the | ||
| United States; or | ||
| (2) is determined by the department to satisfy the | ||
| following: | ||
| (A) has proof of the individual's identity; | ||
| (B) has been a resident of this state for not less | ||
| than three years; | ||
| (C) has pledged to abide by the laws of this state | ||
| and to uphold the Texas Constitution; and | ||
| (D) has attested to the individual's willingness | ||
| to serve on jury duty and to pay any taxes required under state or | ||
| local law. | ||
| (b) The department may not retain originals or copies of | ||
| records provided by an applicant for citizenship to prove identity, | ||
| residency, or other eligibility requirements of state citizenship. | ||
| (c) To the extent allowed by federal and state law, | ||
| information collected about applicants for state citizenship shall | ||
| be treated as confidential and may not be disclosed to governmental | ||
| entities or private parties unless the disclosure is: | ||
| (1) authorized in writing by the individual to whom | ||
| the information pertains, or if the individual is a minor or is | ||
| otherwise not legally competent, by the individual's parent or | ||
| legal guardian; or | ||
| (2) ordered by a court. | ||
| Sec. 3201.007. ACCEPTANCE REQUIRED; DENIAL OF ELIGIBILITY | ||
| PROHIBITED. (a) Except as otherwise provided by federal law and | ||
| notwithstanding other state law, for any statutory or regulatory | ||
| requirement that an individual provide a driver's license or social | ||
| security number: | ||
| (1) a state identification card shall be accepted as a | ||
| valid government identification in lieu of a state driver's | ||
| license; and | ||
| (2) a state identification number shall be accepted in | ||
| lieu of a social security number. | ||
| (b) Notwithstanding any other local or state law, including | ||
| provisions in this code or the Occupations Code or Transportation | ||
| Code, a state agency or local governmental entity may not deny the | ||
| eligibility of an individual who holds a valid state identification | ||
| card for the following licenses because of the individual's lack of | ||
| documentation on the individual's federal immigration status: | ||
| (1) any license, permit, certificate, or grant of | ||
| permission that is required by local or state law and issued by a | ||
| state agency or a political subdivision of this state as a condition | ||
| for the lawful practice of any occupation, employment, trade, | ||
| vocation, business, or profession; and | ||
| (2) a driver's license. | ||
| Sec. 3201.008. CONSTRUCTION AND EFFECT OF CHAPTER. (a) | ||
| This chapter may not be construed as depriving an individual of any | ||
| benefit received by the individual under law before September 1, | ||
| 2015. | ||
| (b) This chapter does not affect a state citizen's | ||
| authorization to work in the United States as provided by the | ||
| citizen's federal immigration status. This chapter does not allow | ||
| an individual without federal authorization to work in the United | ||
| States access to employment opportunities that are otherwise | ||
| unavailable to the individual because of the individual's federal | ||
| immigration status. | ||
| Sec. 3201.009. LOCAL LAWS. This chapter does not prevent | ||
| the establishment, continuation, or enforcement of any law or | ||
| regulation of a political subdivision of this state that protects | ||
| the rights or fosters the integration of state citizens in a manner | ||
| not inconsistent with the provisions of this chapter. | ||
| SECTION 3. (a) As soon as practicable after the effective | ||
| date of this Act, the department shall adopt the rules and | ||
| procedures necessary to implement Chapter 3201, Government Code, as | ||
| added by this Act. | ||
| (b) Not later than March 1, 2016, each state agency and | ||
| political subdivision shall: | ||
| (1) review the agency's or subdivision's rules to | ||
| ensure the rules are consistent with Chapter 3201, Government Code, | ||
| as added by this Act; and | ||
| (2) make any necessary changes to the rules. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
