From DPS Government RelationsTo DPS Government RelationsSubject DPS DL 10-Print InformationDate Friday July 25 2014 34645 PMAttachments Texas Statute and Administrative Ruledocx

Dear Honorable Members and Staff Our office has received a number of inquiries from legislative offices due to recent articles regarding the capturing of fingerprints In an effort to correct the misinformation that has been circulated thus far the Department has put together the following information for your reference AuthoritySince at least 1967 Transportation Code 521142 or its statutory predecessor has required the department to take thumbprints of all applicants or fingerprints of applicants without thumbs This section mandated a minimum of what must be collected by DPS Additionally the statute gives DPS broad authority to expand upon the minimum applicant requirements by including this language The application must include any other information the department requires to determine the applicantrsquos identity residency competency and eligibility as required by the department or state law As an initial matter DPS has had statutory authority since 1967 to implement an application system requiring fingerprints For many years in implementing the statute through administrative rules DPS did not exercise its authority to take fingerprints but adopted a rule requiring the taking of thumbprints In 2005 the legislature passed Transportation Code 521059 which mandated the creation of an image verification system based upon identifiers including the applicantsrsquo facial image as well as ldquothumbprints or fingerprintsrdquo Transportation Code 521059 provides additional authority granting the Department the discretion to require applicants to provide fingerprints To the extent there was any ambiguity regarding the authority created by 521142 the ambiguity was extinguished in 2005 The department has specific express discretionary authority to take fingerprints from driver license applicants After 2005 the department continued with the existing thumbprint system for several years as

funding was not appropriated to implement a 10-print system The appropriation act of the 82nd

Legislature appropriated more than $60 million to a Driver License System Improvement Account The legislature specified that ldquo$550000 in fiscal year 2012 and $550000 in fiscal year 2013 for the purpose of expanded electronic fingerprint authority and capabilityrdquo Therefore with longstanding statutory authority in multiple sections of the Transportation Code and with newly available funding the department began the process of procuring and deploying electronic ldquoten-printrdquo readers in driver licenses offices in December 2013 and began requiring applicants to supply fingerprints starting in January 2014 The administrative rule addressing fingerprinting is found in 37 Texas Administrative Code 1545

On April 10 2014 the Texas Public Safety Commission (PSC) authorized publication of rules to receive public comment by which the rule previously authorizing the taking of thumbprints was amended to apply to fingerprints The PSC received no public comment on the proposed rule and the rule was adopted by the Commission of June 12 2014 to be effective on July 6 2014 There has been some question as to why the department started collecting prints prior to the rule being put into place As the department acquired the authority to collect the prints once the statute had been changed (September 1 2005) there was no requirement to enact an administrative rule prior to the collection The addition of the administrative rule was simply an action the department took to clarify which applicants areare not impacted by the process SecurityDPS has been charged by the Texas Legislature with the significant responsibility of issuing Texas driver licenses (DL) and Texas identification (ID) cards ndash a responsibility the department takes very seriously On average DPS issues approximately six million DLs and IDs per year including renewals The department has a duty to protect and ensure the integrity of the driver license system as these government-issued documents serve as the de facto identification card in Texas (which can be used to board a plane conduct financial transactions etc) Making sure an individual is who they claim to be in the process of issuing government identification is a critical safeguard to protecting the public against a wide array of criminal threats One of the most accurate and simplest ways to do that is through fingerprints For many years the department has taken both a digital photograph and thumb prints of DLID applicants The original technology utilized became antiquated and consequently provided minimal fraud protection Therefore in order to protect against these vulnerabilities and ensure the integrity of the DL system the department upgraded its technology to acquire a higher quality photograph and capture all available fingerprints These efforts to fortify the driver license system work to protect law-abiding Texans against identity theft fraud and to protect our state from criminals seeking to exploit vulnerabilities of antiquated systems DPS works proactively to protect the residents of this state from an ever-changing threat environment including the growing incidence of identity fraud This fingerprint technology provides crucial protections to the state and our residents including

reducing DLID card fraud by preventing duplicate or alias licensingpreventing the DLID from being used fraudulently to obtain goods services or other forms of identification andhelping guard against identity theft which affects millions of victims nationwide every year

In addition the transition to 10-print bolsters other DL processes in the overall licensing strategy to deter terrorists and other criminals from obtaining Texas DLsIDs to support their covert movements within our country The Image Verification System (IVS) mandated by Texas statute in 2005 authorizes DPS to use DLID

photos and ldquothumbprints or fingerprintsrdquo to help law enforcement protect the public by detecting fraud identifying criminals and potentially solving crimes Some have falsely stated that the fingerprint images obtained at DL offices are used to search an applicantrsquos criminal history ndash this is simply not true Fingerprints captured at DL offices are NOT used to search an applicantrsquos criminal history All applicant fingerprints are run against the Texas unsolved latent print file which is comprised of statewide crime scene fingerprint evidence The statersquos Automated Fingerprint Identification System (AFIS) is a fingerprint identification database and it can only be accessed for investigative or statutory purposes More information on AFIS can be found on our website httpwwwtxdpsstatetxusCrimeLaboratoryAFIShtm Without 10-prints to integrate into the AFIS system there are major gaps in public safety that will leave law-abiding citizens vulnerable to identity theft and other schemes of criminal operatives Program UpdateThe department has been working through a technical and procedural issue with the new equipment DPS employees have performed quality control testing and identified some errors with some of the prints that were taken recently The vendor is making technical adjustments and DL staff will make procedural adjustments to equipment operation This is not unexpected for new technology implementation but does require us to review and purge some DL fingerprints Any fingerprints that are questionable will be purged and recaptured at the applicantrsquos next visit I have included the referenced citations and administrative rule in the attached document for your convenience Please let me know if you have any questions Candace NolteDeputy Assistant DirectorOffice of Government RelationsTexas Department of Public Safety

photos and ldquothumbprints or fingerprintsrdquo to help law enforcement protect the public by detecting fraud identifying criminals and potentially solving crimes Some have falsely stated that the fingerprint images obtained at DL offices are used to search an applicantrsquos criminal history ndash this is simply not true Fingerprints captured at DL offices are NOT used to search an applicantrsquos criminal history All applicant fingerprints are run against the Texas unsolved latent print file which is comprised of statewide crime scene fingerprint evidence The statersquos Automated Fingerprint Identification System (AFIS) is a fingerprint identification database and it can only be accessed for investigative or statutory purposes More information on AFIS can be found on our website httpwwwtxdpsstatetxusCrimeLaboratoryAFIShtm Without 10-prints to integrate into the AFIS system there are major gaps in public safety that will leave law-abiding citizens vulnerable to identity theft and other schemes of criminal operatives Program UpdateThe department has been working through a technical and procedural issue with the new equipment DPS employees have performed quality control testing and identified some errors with some of the prints that were taken recently The vendor is making technical adjustments and DL staff will make procedural adjustments to equipment operation This is not unexpected for new technology implementation but does require us to review and purge some DL fingerprints Any fingerprints that are questionable will be purged and recaptured at the applicantrsquos next visit I have included the referenced citations and administrative rule in the attached document for your convenience Please let me know if you have any questions Candace NolteDeputy Assistant DirectorOffice of Government RelationsTexas Department of Public Safety

Texas Transportation Code amp Texas Administrative Code Citations

Sec 521142 APPLICATION FOR ORIGINAL LICENSE (a) An

application for an original license must state the applicants

full name and place and date of birth This information must be

verified by presentation of proof of identity satisfactory to

the department An applicant who is not a citizen of the United

States must present to the department documentation issued by

the appropriate United States agency that authorizes the

applicant to be in the United States before the applicant may be

issued a drivers license The department must accept as

satisfactory proof of identity under this subsection an offender

identification card or similar form of identification issued to

an inmate by the Texas Department of Criminal Justice if the

applicant also provides supplemental verifiable records or

documents that aid in establishing identity

(b) The application must include

(1) the thumbprints of the applicant or if

thumbprints cannot be taken the index fingerprints of the

applicant

(2) a photograph of the applicant

(3) the signature of the applicant and

(4) a brief description of the applicant

(c) The application must state

(1) the sex of the applicant

(2) the residence address of the applicant or if the

applicant is a federal judge a state judge or the spouse of a

federal or state judge using the procedure developed under

Section 521121(c) the street address of the courthouse in

which the applicant or the applicants spouse serves as a

federal judge or a state judge

(3) whether the applicant has been licensed to drive

a motor vehicle before

(4) if previously licensed when and by what state or

country

(5) whether that license has been suspended or

revoked or a license application denied

(6) the date and reason for the suspension

revocation or denial

(7) whether the applicant is a citizen of the United

States and

(8) the county of residence of the applicant

Text of subsection as amended by Acts 2009 81st Leg RS Ch

1253 (HB 339) Sec 9

(d) If the applicant is under 21 years of age the

application must state whether the applicant has completed a

driver education course required by Section 5211601

Text of subsection as amended by Acts 2009 81st Leg RS Ch

1413 (SB 1317) Sec 1

(d) If the applicant is under 25 years of age the

application must state whether the applicant has completed a

driver education course required by Section 5211601

(e) The application must include any other information the

department requires to determine the applicants identity

residency competency and eligibility as required by the

department or state law

(f) Information supplied to the department relating to an

applicants medical history is for the confidential use of the

department and may not be disclosed to any person or used as

evidence in a legal proceeding other than a proceeding under

Subchapter N This subsection does not apply to information

provided by an applicant under Subsection (h)

(g) The department may require an applicant to provide the

applicants social security number only for a purpose permitted

by Section 521044

(h) The application must provide space for the applicant

to voluntarily list any health condition that may impede

communication with a peace officer as evidenced by a written

statement from a licensed physician

(i) The application must provide space for the applicant

(1) to voluntarily list any military service that may

qualify the applicant to receive a license with a veterans

designation under Section 5211235 and

(2) to include proof required by the department to

determine the applicants eligibility to receive that

designation

Acts 1995 74th Leg ch 165 Sec 1 eff Sept 1 1995

Amended by Acts 1999 76th Leg ch 556 Sec 78 eff Sept 1

1999 Acts 1999 76th Leg ch 640 Sec 3 eff Sept 1

1999 Acts 2003 78th Leg ch 1335 Sec 2 eff Jan 1

2004

Amended by

Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 5 eff

September 1 2005

Acts 2005 79th Leg Ch 1218 (HB 967) Sec 4 eff

September 1 2005

Acts 2009 81st Leg RS Ch 316 (HB 598) Sec 4

eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

13A04 eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

1401 eff September 1 2009

Acts 2009 81st Leg RS Ch 1253 (HB 339) Sec 9

eff September 1 2009

Acts 2009 81st Leg RS Ch 1413 (SB 1317) Sec 1

eff March 1 2010

Acts 2011 82nd Leg RS Ch 91 (SB 1303) Sec

24011 eff September 1 2011

Acts 2011 82nd Leg RS Ch 273 (HB 1514) Sec 2

eff September 1 2011

Acts 2011 82nd Leg 1st CS Ch 4 (SB 1) Sec 7206

eff September 28 2011

Sec 521059 IMAGE VERIFICATION SYSTEM (a) The

department shall establish an image verification system based on

the following identifiers collected by the department

(1) an applicants facial image and

(2) an applicants thumbprints or fingerprints

(b) The department shall authenticate the facial image and

thumbprints or fingerprints provided by an applicant for a

personal identification certificate drivers license or

commercial drivers license or permit using image comparison

technology to ensure that the applicant

(1) is issued only one original license permit or

certificate

(2) does not fraudulently obtain a duplicate license

permit or certificate and

(3) does not commit other fraud in connection with

the application for a license permit or certificate

(c) The department shall use the image verification system

established under this section only to the extent allowed by

Chapter 730 Transportation Code to aid other law enforcement

agencies in

(1) establishing the identity of a victim of a

disaster or crime that a local law enforcement agency is unable

to establish or

(2) conducting an investigation of criminal conduct

(d) Expired

Added by Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 4

eff September 1 2005

Texas Administrative Code

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

RULE sect1545 Fingerprints

An application for original renewal or duplicate driver license or personal identification certificate must include the fingerprints of the applicant This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate

Source Note The provisions of this sect1545 adopted to be effective October 24 1996 21 TexReg 10218 amended to be effective December 5 2001 26 TexReg 9913 amended to be effective July 6 2014 39 TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas Transportation Code amp Texas Administrative Code Citations

Sec 521142 APPLICATION FOR ORIGINAL LICENSE (a) An

application for an original license must state the applicants

full name and place and date of birth This information must be

verified by presentation of proof of identity satisfactory to

the department An applicant who is not a citizen of the United

States must present to the department documentation issued by

the appropriate United States agency that authorizes the

applicant to be in the United States before the applicant may be

issued a drivers license The department must accept as

satisfactory proof of identity under this subsection an offender

identification card or similar form of identification issued to

an inmate by the Texas Department of Criminal Justice if the

applicant also provides supplemental verifiable records or

documents that aid in establishing identity

(b) The application must include

(1) the thumbprints of the applicant or if

thumbprints cannot be taken the index fingerprints of the

applicant

(2) a photograph of the applicant

(3) the signature of the applicant and

(4) a brief description of the applicant

(c) The application must state

(1) the sex of the applicant

(2) the residence address of the applicant or if the

applicant is a federal judge a state judge or the spouse of a

federal or state judge using the procedure developed under

Section 521121(c) the street address of the courthouse in

which the applicant or the applicants spouse serves as a

federal judge or a state judge

(3) whether the applicant has been licensed to drive

a motor vehicle before

(4) if previously licensed when and by what state or

country

(5) whether that license has been suspended or

revoked or a license application denied

(6) the date and reason for the suspension

revocation or denial

(7) whether the applicant is a citizen of the United

States and

(8) the county of residence of the applicant

Text of subsection as amended by Acts 2009 81st Leg RS Ch

1253 (HB 339) Sec 9

(d) If the applicant is under 21 years of age the

application must state whether the applicant has completed a

driver education course required by Section 5211601

Text of subsection as amended by Acts 2009 81st Leg RS Ch

1413 (SB 1317) Sec 1

(d) If the applicant is under 25 years of age the

application must state whether the applicant has completed a

driver education course required by Section 5211601

(e) The application must include any other information the

department requires to determine the applicants identity

residency competency and eligibility as required by the

department or state law

(f) Information supplied to the department relating to an

applicants medical history is for the confidential use of the

department and may not be disclosed to any person or used as

evidence in a legal proceeding other than a proceeding under

Subchapter N This subsection does not apply to information

provided by an applicant under Subsection (h)

(g) The department may require an applicant to provide the

applicants social security number only for a purpose permitted

by Section 521044

(h) The application must provide space for the applicant

to voluntarily list any health condition that may impede

communication with a peace officer as evidenced by a written

statement from a licensed physician

(i) The application must provide space for the applicant

(1) to voluntarily list any military service that may

qualify the applicant to receive a license with a veterans

designation under Section 5211235 and

(2) to include proof required by the department to

determine the applicants eligibility to receive that

designation

Acts 1995 74th Leg ch 165 Sec 1 eff Sept 1 1995

Amended by Acts 1999 76th Leg ch 556 Sec 78 eff Sept 1

1999 Acts 1999 76th Leg ch 640 Sec 3 eff Sept 1

1999 Acts 2003 78th Leg ch 1335 Sec 2 eff Jan 1

2004

Amended by

Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 5 eff

September 1 2005

Acts 2005 79th Leg Ch 1218 (HB 967) Sec 4 eff

September 1 2005

Acts 2009 81st Leg RS Ch 316 (HB 598) Sec 4

eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

13A04 eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

1401 eff September 1 2009

Acts 2009 81st Leg RS Ch 1253 (HB 339) Sec 9

eff September 1 2009

Acts 2009 81st Leg RS Ch 1413 (SB 1317) Sec 1

eff March 1 2010

Acts 2011 82nd Leg RS Ch 91 (SB 1303) Sec

24011 eff September 1 2011

Acts 2011 82nd Leg RS Ch 273 (HB 1514) Sec 2

eff September 1 2011

Acts 2011 82nd Leg 1st CS Ch 4 (SB 1) Sec 7206

eff September 28 2011

Sec 521059 IMAGE VERIFICATION SYSTEM (a) The

department shall establish an image verification system based on

the following identifiers collected by the department

(1) an applicants facial image and

(2) an applicants thumbprints or fingerprints

(b) The department shall authenticate the facial image and

thumbprints or fingerprints provided by an applicant for a

personal identification certificate drivers license or

commercial drivers license or permit using image comparison

technology to ensure that the applicant

(1) is issued only one original license permit or

certificate

(2) does not fraudulently obtain a duplicate license

permit or certificate and

(3) does not commit other fraud in connection with

the application for a license permit or certificate

(c) The department shall use the image verification system

established under this section only to the extent allowed by

Chapter 730 Transportation Code to aid other law enforcement

agencies in

(1) establishing the identity of a victim of a

disaster or crime that a local law enforcement agency is unable

to establish or

(2) conducting an investigation of criminal conduct

(d) Expired

Added by Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 4

eff September 1 2005

Texas Administrative Code

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

RULE sect1545 Fingerprints

An application for original renewal or duplicate driver license or personal identification certificate must include the fingerprints of the applicant This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate

Source Note The provisions of this sect1545 adopted to be effective October 24 1996 21 TexReg 10218 amended to be effective December 5 2001 26 TexReg 9913 amended to be effective July 6 2014 39 TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(5) whether that license has been suspended or

revoked or a license application denied

(6) the date and reason for the suspension

revocation or denial

(7) whether the applicant is a citizen of the United

States and

(8) the county of residence of the applicant

Text of subsection as amended by Acts 2009 81st Leg RS Ch

1253 (HB 339) Sec 9

(d) If the applicant is under 21 years of age the

application must state whether the applicant has completed a

driver education course required by Section 5211601

Text of subsection as amended by Acts 2009 81st Leg RS Ch

1413 (SB 1317) Sec 1

(d) If the applicant is under 25 years of age the

application must state whether the applicant has completed a

driver education course required by Section 5211601

(e) The application must include any other information the

department requires to determine the applicants identity

residency competency and eligibility as required by the

department or state law

(f) Information supplied to the department relating to an

applicants medical history is for the confidential use of the

department and may not be disclosed to any person or used as

evidence in a legal proceeding other than a proceeding under

Subchapter N This subsection does not apply to information

provided by an applicant under Subsection (h)

(g) The department may require an applicant to provide the

applicants social security number only for a purpose permitted

by Section 521044

(h) The application must provide space for the applicant

to voluntarily list any health condition that may impede

communication with a peace officer as evidenced by a written

statement from a licensed physician

(i) The application must provide space for the applicant

(1) to voluntarily list any military service that may

qualify the applicant to receive a license with a veterans

designation under Section 5211235 and

(2) to include proof required by the department to

determine the applicants eligibility to receive that

designation

Acts 1995 74th Leg ch 165 Sec 1 eff Sept 1 1995

Amended by Acts 1999 76th Leg ch 556 Sec 78 eff Sept 1

1999 Acts 1999 76th Leg ch 640 Sec 3 eff Sept 1

1999 Acts 2003 78th Leg ch 1335 Sec 2 eff Jan 1

2004

Amended by

Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 5 eff

September 1 2005

Acts 2005 79th Leg Ch 1218 (HB 967) Sec 4 eff

September 1 2005

Acts 2009 81st Leg RS Ch 316 (HB 598) Sec 4

eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

13A04 eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

1401 eff September 1 2009

Acts 2009 81st Leg RS Ch 1253 (HB 339) Sec 9

eff September 1 2009

Acts 2009 81st Leg RS Ch 1413 (SB 1317) Sec 1

eff March 1 2010

Acts 2011 82nd Leg RS Ch 91 (SB 1303) Sec

24011 eff September 1 2011

Acts 2011 82nd Leg RS Ch 273 (HB 1514) Sec 2

eff September 1 2011

Acts 2011 82nd Leg 1st CS Ch 4 (SB 1) Sec 7206

eff September 28 2011

Sec 521059 IMAGE VERIFICATION SYSTEM (a) The

department shall establish an image verification system based on

the following identifiers collected by the department

(1) an applicants facial image and

(2) an applicants thumbprints or fingerprints

(b) The department shall authenticate the facial image and

thumbprints or fingerprints provided by an applicant for a

personal identification certificate drivers license or

commercial drivers license or permit using image comparison

technology to ensure that the applicant

(1) is issued only one original license permit or

certificate

(2) does not fraudulently obtain a duplicate license

permit or certificate and

(3) does not commit other fraud in connection with

the application for a license permit or certificate

(c) The department shall use the image verification system

established under this section only to the extent allowed by

Chapter 730 Transportation Code to aid other law enforcement

agencies in

(1) establishing the identity of a victim of a

disaster or crime that a local law enforcement agency is unable

to establish or

(2) conducting an investigation of criminal conduct

(d) Expired

Added by Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 4

eff September 1 2005

Texas Administrative Code

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

RULE sect1545 Fingerprints

An application for original renewal or duplicate driver license or personal identification certificate must include the fingerprints of the applicant This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate

Source Note The provisions of this sect1545 adopted to be effective October 24 1996 21 TexReg 10218 amended to be effective December 5 2001 26 TexReg 9913 amended to be effective July 6 2014 39 TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(h) The application must provide space for the applicant

to voluntarily list any health condition that may impede

communication with a peace officer as evidenced by a written

statement from a licensed physician

(i) The application must provide space for the applicant

(1) to voluntarily list any military service that may

qualify the applicant to receive a license with a veterans

designation under Section 5211235 and

(2) to include proof required by the department to

determine the applicants eligibility to receive that

designation

Acts 1995 74th Leg ch 165 Sec 1 eff Sept 1 1995

Amended by Acts 1999 76th Leg ch 556 Sec 78 eff Sept 1

1999 Acts 1999 76th Leg ch 640 Sec 3 eff Sept 1

1999 Acts 2003 78th Leg ch 1335 Sec 2 eff Jan 1

2004

Amended by

Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 5 eff

September 1 2005

Acts 2005 79th Leg Ch 1218 (HB 967) Sec 4 eff

September 1 2005

Acts 2009 81st Leg RS Ch 316 (HB 598) Sec 4

eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

13A04 eff September 1 2009

Acts 2009 81st Leg RS Ch 1146 (HB 2730) Sec

1401 eff September 1 2009

Acts 2009 81st Leg RS Ch 1253 (HB 339) Sec 9

eff September 1 2009

Acts 2009 81st Leg RS Ch 1413 (SB 1317) Sec 1

eff March 1 2010

Acts 2011 82nd Leg RS Ch 91 (SB 1303) Sec

24011 eff September 1 2011

Acts 2011 82nd Leg RS Ch 273 (HB 1514) Sec 2

eff September 1 2011

Acts 2011 82nd Leg 1st CS Ch 4 (SB 1) Sec 7206

eff September 28 2011

Sec 521059 IMAGE VERIFICATION SYSTEM (a) The

department shall establish an image verification system based on

the following identifiers collected by the department

(1) an applicants facial image and

(2) an applicants thumbprints or fingerprints

(b) The department shall authenticate the facial image and

thumbprints or fingerprints provided by an applicant for a

personal identification certificate drivers license or

commercial drivers license or permit using image comparison

technology to ensure that the applicant

(1) is issued only one original license permit or

certificate

(2) does not fraudulently obtain a duplicate license

permit or certificate and

(3) does not commit other fraud in connection with

the application for a license permit or certificate

(c) The department shall use the image verification system

established under this section only to the extent allowed by

Chapter 730 Transportation Code to aid other law enforcement

agencies in

(1) establishing the identity of a victim of a

disaster or crime that a local law enforcement agency is unable

to establish or

(2) conducting an investigation of criminal conduct

(d) Expired

Added by Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 4

eff September 1 2005

Texas Administrative Code

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

RULE sect1545 Fingerprints

An application for original renewal or duplicate driver license or personal identification certificate must include the fingerprints of the applicant This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate

Source Note The provisions of this sect1545 adopted to be effective October 24 1996 21 TexReg 10218 amended to be effective December 5 2001 26 TexReg 9913 amended to be effective July 6 2014 39 TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Acts 2011 82nd Leg 1st CS Ch 4 (SB 1) Sec 7206

eff September 28 2011

Sec 521059 IMAGE VERIFICATION SYSTEM (a) The

department shall establish an image verification system based on

the following identifiers collected by the department

(1) an applicants facial image and

(2) an applicants thumbprints or fingerprints

(b) The department shall authenticate the facial image and

thumbprints or fingerprints provided by an applicant for a

personal identification certificate drivers license or

commercial drivers license or permit using image comparison

technology to ensure that the applicant

(1) is issued only one original license permit or

certificate

(2) does not fraudulently obtain a duplicate license

permit or certificate and

(3) does not commit other fraud in connection with

the application for a license permit or certificate

(c) The department shall use the image verification system

established under this section only to the extent allowed by

Chapter 730 Transportation Code to aid other law enforcement

agencies in

(1) establishing the identity of a victim of a

disaster or crime that a local law enforcement agency is unable

to establish or

(2) conducting an investigation of criminal conduct

(d) Expired

Added by Acts 2005 79th Leg Ch 1108 (HB 2337) Sec 4

eff September 1 2005

Texas Administrative Code

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

RULE sect1545 Fingerprints

An application for original renewal or duplicate driver license or personal identification certificate must include the fingerprints of the applicant This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate

Source Note The provisions of this sect1545 adopted to be effective October 24 1996 21 TexReg 10218 amended to be effective December 5 2001 26 TexReg 9913 amended to be effective July 6 2014 39 TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 15 DRIVER LICENSE RULES

SUBCHAPTER B APPLICATION REQUIREMENTS--ORIGINAL RENEWAL DUPLICATE IDENTIFICATION CERTIFICATES

RULE sect1545 Fingerprints

An application for original renewal or duplicate driver license or personal identification certificate must include the fingerprints of the applicant This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate

Source Note The provisions of this sect1545 adopted to be effective October 24 1996 21 TexReg 10218 amended to be effective December 5 2001 26 TexReg 9913 amended to be effective July 6 2014 39 TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Real ID Overview

Driver license fraud is a crime that can have significant financial and domestic security

consequences Because driver licenses have become widely accepted as a form of

identification identity thieves try to obtain a license under someone elsersquos namemdashwith

forged or stolen Social Security cards or other documentsmdashand use it to commit financial

fraud One estimate claims that over 8 million Americans in 2010 were victims of

identity theft costing victims a total of $37 billion Individuals also try to obtain licenses

for other criminal purposes for example the fraudulent licenses obtained by some of the

911 terrorists

In 2005 after the National Commission on Terrorist Attacks Upon the United States

recommended enhanced security for licenses Congress passed the REAL ID Act (6 CFR

37) as a rider to the Emergency Supplemental Appropriations Act for Defense the Global

War on Terror and Tsunami Relief This act set minimum national standards for driver

license security The act also set out procedures for states to follow when verifying the

identity of license applicants While states are not required to comply if they do not the

licenses they issue eventually will not be accepted for official purposes as defined in the

Act such as boarding commercial aircraft In working with the Department of Homeland

Security Texas has been given an extension until 10 October 2014 in which to become

fully compliant Governor Perry has requested a further extension to 31 October 2015 in

order to re-file and pass full compliance legislation in the upcoming legislative session

The REAL ID Act sets minimum standards for several aspects of the license and

identification card issuance process including

Documentation States must require license applicants to provide documentation

of their name date of birth SSN address of principal residence and lawful status

in the United States

Verification Requires states verify with the issuing agency the issuance validity

and completeness of the documents presented as proof of name date of birth

SSN (or verify the applicantrsquos ineligibility for an SSN) address and lawful status

with specific requirements to confirm SSNs with SSA and verify lawful status of

non-citizens through an electronic DHS system

Image capture Requires states to capture and store digital images of all

documents presented by license applicants to establish identity such as passports

and birth certificates and capture the facial images of all applicants

Expiration Requires that driver license and identification card expiration periods

not exceed eight years Limited-term driver licenses may only be issued for the

applicantrsquos period of lawful presence

Security Requires driver license and identification cards to meet minimum

security requirements preventing fraudulent manufacture and to secure the card

production facility to prevent unauthorized access

Renewals Requires states to establish an effective procedure for confirming or

verifying the information provided by individuals seeking to renew their licenses

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

One driver one license Requires states to refuse issuance of a license to an

applicant who already holds a license from another state without confirming that

this other state license has been or is in the process of being terminated and

Staff training States must establish training programs on recognizing fraudulent

documents for appropriate employees involved in issuing licenses

As of May 2014 Texas is compliant with the majority of the benchmarks outlined in the

REAL ID Act through state statutory provisions Texas Administrative Rules andor

department policy Many of the benchmarks which Texas is compliant with involve the

collection of identity documents verification of those documents capture of the

applicantrsquos image issuance of the driver license or identification card and security

requirements of the REAL ID Act

Through state statute administrative rule and policy Texasrsquo issuance process requires all

driver license and identification card applicants to present acceptable documentation

proving name date of birth social security number address of principal residence and

lawful status in the United States Additionally Texas verifies social security numbers

and lawful status documents with the appropriate federal agency If the documentation

cannot be verified Texas will not issue a driver license or identification card to the

applicant

The Texas driver license system is designed to capture an applicantrsquos photograph up front

regardless of whether a driver license or identification card is issued With the exception

of identification cards issued to applicants 60 years or older which do not expire Texas

is also compliant with the provision limiting any issuance to eight years or less

Texas continues to work in good faith to obtain full compliance and the remaining

benchmarks will require legislative authorization andor appropriation funding For

Texas to be fully compliant statutory authority is required to limit the issuance of an

identification card to those 60 years of age and above to eight years or less Additionally

statutory authority is also required to mark fully compliant and non-compliant driver

licenses and identification cards appropriately and to limit the issuance of a REAL ID

compliant driver license or identification card to one per person

Required Minimum Statutory Changes

Social Security numbers

o Required for Identification Cards

o Require letter of non-eligibility from Social Security Administration if not

eligible

o Expand authority to disclose SSN for purposes of verification with other

statesrsquo DLID issuing agencies

Only allow one compliant DL or ID card per person

Provide authority to place an indicator on the face of the DLID for purposes of

differentiating compliant and non-compliant cards

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Repeal provision the provision in Texas Transportation Code Section 521101

specifying that an identification card issued to an applicant over 60 years of age does

not expire

Texas Compliance status with REAL ID Act and Regulations Denotes non or partial compliance sect 375 Validity periods and deadlines for REAL ID drivers licenses and identification cards (a) Drivers licenses and identification cards issued under this part that are not temporary or limited-term drivers licenses and identification cards are valid for a period not to exceed eight years A card may be valid for a shorter period based on other State or Federal requirements

Texas is in compliance with this regulation with one exception Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 provides the length of issuance for a Texas driver license CDL and Identification Card which do not exceed six years however Texas Transportation Code sect 521101(f) indicates that an identification card issued to individuals over the age of 60 does not expire

sect 3711 Application and documents the applicant must provide

(a) The State must subject each person applying for a REAL ID drivers license or identification card to a mandatory facial image capture and shall maintain photographs of individuals even if no card is issued The photographs must be stored in a format in accordance with sect3731 as follows

(1) If no card is issued for a minimum period of five years

Texas is in compliance with this regulation Texasrsquo driver license system (DLS) is designed to capture photo up front regardless of whether a driver license or identification card is issued This image is maintained with the application indefinitely Texas Transportation Code sect 521142(b)(2) requires an applicant to be photographed

(2) If a card is issued for a period of at least two years beyond the expiration date of the card

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) Declaration Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct and the State must retain this declaration An applicant must sign a new declaration when presenting new source documents to the DMV on subsequent visits

Texas is in compliance with this regulation Each applicant is required to complete a driver license identification card or CDL application with the appropriate declaration

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas Transportation Code sect 521141 This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(c) Identity (1) To establish identity the applicant must present at least one of the following source documents

(i) Valid unexpired US passport

(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individuals State of birth

(iii) Consular Report of Birth Abroad (CRBA) issued by the US Department of State Form FSndash240 DSndash1350 or FSndash545

(iv) Valid unexpired Permanent Resident Card (Form Indash551) issued by DHS or INS

(v) Unexpired employment authorization document (EAD) issued by DHS Form Indash766 or Form Indash688B

(vi) Unexpired foreign passport with a valid unexpired US visa affixed accompanied by the approved Indash94 form documenting the applicants most recent admittance into the United States

(vii) Certificate of Naturalization issued by DHS Form Nndash550 or Form Nndash570

(viii) Certificate of Citizenship Form Nndash560 or Form Nndash561 issued by DHS

(ix) REAL ID drivers license or identification card issued in compliance with the standards established by this part

(x) Such other documents as DHS may designate by notice published in the Federal Register

Texas is in compliance with this regulation Texas Transportation Code sectsect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) Where a State permits an applicant to establish a name other than the name that appears on a source document (for example through marriage adoption court order or other mechanism permitted by State law or regulation) the State shall require evidence of the name change through the presentation of documents issued by a court governmental body or other entity as determined by the State The State shall maintain copies of the documentation presented pursuant to sect3731 and maintain a record of both the recorded name and the name on the source documents in a manner to be determined by the State and in conformity with sect3731

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect 1523 govern the name requirements for the issuance of a Texas driver license or identification card

(d) Date of birth To establish date of birth an individual must present at least one document included in paragraph (c) of this section

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(e) Social security number (SSN) (1) Except as provided in paragraph (e)(3) of this section individuals presenting the identity documents listed in sect3711(c)(1) and (2) must present his or her Social Security Administration account number card or if a Social Security Administration account card is not available the person may present any of the following documents bearing the applicants SSN

(i) A Wndash2 form

(ii) A SSAndash1099 form

(iii) A non-SSAndash1099 form or

(iv) A pay stub with the applicants name and SSN on it

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 Texas Family Code sect 231302(c)(1) and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas does not have authority to require social security numbers for identification cards

(2) The State DMV must verify the SSN pursuant to sect3713(b)(2) of this subpart

Texas is in compliance with this regulation Texas verifies social security numbers presented for the issuance of a Texas driver license or identification card with the Social Security Administration This process is automated within the Driver License System and prevents the issuance of a driver license or identification card if the Social Security Administration does not provide a verified status

(3) Individuals presenting the identity document listed in sect3711(c)(1)(vi) must present an SSN or demonstrate non-work authorized status

Texas is in compliance with this regulation with one exception Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1542 govern the social security number requirements for the issuance of a Texas driver license Texas has an exception process for individuals that do not have or are not eligible for a social security number who may submit an affidavit indicating the applicant is not eligible or has not been issued a social security number Texas does not have authority to require social security numbers for identification cards

(f) Documents demonstrating address of principal residence To document the address of principal residence a person must present at least two documents of the States choice that include the individuals name and principal residence A street address is required except as provided in sect3717(f) of this part

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas is compliance with this regulation Texas Transportation Code sect 5211426 37 Texas Administrative Code sectsect1549 and 1613 govern the requirement of a person to present at least two documents demonstrating principal residence

(g) Evidence of lawful status in the United States A DMV may issue a REAL ID drivers license or identification card only to a person who has presented satisfactory evidence of lawful status

Texas is compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement of a person to present evidence of lawful status and 37 Texas Administrative Code sect1546 provides for citizenship status and county of residence

(1) If the applicant presents one of the documents listed under paragraphs (c)(1)(i) (c)(1)(ii) (c)(1)(iii) (c)(1)(iv) (c)(1)(vii) or (c)(1)(viii) of this section the issuing States verification of the applicants identity in the manner prescribed in sect3713 will also provide satisfactory evidence of lawful status

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card

(2) If the applicant presents one of the identity documents listed under paragraphs (c)(1)(v) or (c)(1)(vi) or (c)(1)(ix) of this section the issuing States verification of the identity document(s) does not provide satisfactory evidence of lawful status The applicant must also present a second document from sect3711(g)(1) or documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS All documents shall be verified in the manner prescribed in sect3713

Texas is in compliance with this regulation Texas Transportation Code sectsect 521101 521142 and 521271 govern the requirement for a person to present evidence of lawful status

(h) Exceptions Process A State DMV may choose to establish a written defined exceptions process for persons who for reasons beyond their control are unable to present all necessary documents and must rely on alternate documents to establish identity or date of birth Alternative documents to demonstrate lawful status will only be allowed to demonstrate US citizenship

Texas is in compliance with this regulation 37 Texas Administrative Code sect1524 governs the exceptions process for the issuance of a driver license or identification card

(1) Each State establishing an exceptions process must make reasonable efforts to establish the authenticity of alternate documents each time they are presented and indicate that an exceptions process was used in the applicants record

Texas is in compliance with this regulation AAMVA Fraudulent Document Training is provided for all Texas Department of Public Safety (Department) Customer Service Representatives Texasrsquo driver license system records the documents submitted by the applicant and accepted by the Department for the issuance of a Texas driver license or identification card

(2) The State shall retain copies or images of the alternate documents accepted pursuant to sect3731 of this part

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas is in compliance with this regulation Texas retains images of all applicant identity documents presented for the issuance of a Texas driver license or identification card

(3) The State shall conduct a review of the use of the exceptions process and pursuant to subpart E of this part prepare and submit a report with a copy of the exceptions process as part of the certification documentation detailed in sect3755

Texas is in compliance with this regulation Texas Transportation Code sect 521142 and 37 Texas Administrative Code sect1524 govern the identification requirements for the issuance of a Texas driver license or identification card including the exceptions process

(i) States are not required to comply with these requirements when issuing REAL ID drivers licenses or identification cards in support of Federal State or local criminal justice agencies or other programs that require special licensing or identification to safeguard persons or in support of their other official duties As directed by appropriate officials of these Federal State or local agencies States should take sufficient steps to safeguard the identities of such persons Drivers licenses and identification cards issued in support of Federal State or local criminal justice agencies or programs that require special licensing or identification to safeguard persons or in support of their other official duties shall not be distinguishable from other REAL ID licenses or identification cards issued by the State

sect 3713 Document verification requirements

(a) States shall make reasonable efforts to ensure that the applicant does not have more than one drivers license or identification card already issued by that State under a different identity In States where an individual is permitted to hold both a drivers license and identification card the State shall ensure that the individual has not been issued identification documents in multiple or different names States shall also comply with the provisions of sect3729 before issuing a drivers license or identification card

Texas is in compliance with this regulation Prior to the issuance or renewal of a Texas driver license or identification card a check of the driver license database is conducted through name and date of birth search for possible multiple issuances Additionally the Texas Department of Public Safety (Department) utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance to Texas Transportation Code sect 521059

(b) States must verify the documents and information required under sect3711 with the issuer of the document States shall use systems for electronic validation of document and identity data as they become available or use alternative methods approved by DHS

Texas is in partial compliance with this regulation Texas verifies social security numbers through SSOLV and USCIS documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence Texas does not have the capability to verify birth records at this time

(1) States shall verify any document described in sect3711(c) or (g) and issued by DHS (including but not limited to the Indash94 form described in sect3711(c)(vi)) through the Systematic Alien Verification for Entitlements (SAVE) system or alternate methods approved by DHS except that if two DHS-issued documents are presented a SAVE verification of one document that confirms lawful status does not need to be repeated for the second document In the event of a non-match the DMV must not issue a REAL ID drivers license or identification card to an applicant and must refer the individual to US Citizenship and Immigration Services for resolution

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(2) States must verify SSNs with the Social Security Administration (SSA) or through another method approved by DHS In the event of a non-match with SSA a State may use existing procedures to resolve non-matches If the State is unable to resolve the non-match and the use of an exceptions process is not warranted in the situation the DMV must not issue a REAL ID drivers license or identification card to an applicant until the information verifies with SSA

Texas is in compliance with this regulation Texas verifies evidence of social security with the US Social Security Administration for all original driver license and identification card applicants In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(3) States must verify birth certificates presented by applicants States should use the Electronic Verification of Vital Events (EVVE) system or other electronic systems whenever the records are available If the document does not appear authentic upon inspection or the data does not match and the use of an exceptions process is not warranted in the situation the State must not issue a REAL ID drivers license or identification card to the applicant until the information verifies and should refer the individual to the issuing office for resolution

Texas is in non-compliance with this regulation Texas does not have the capability to verify birth records at this time

(4) States shall verify documents issued by the Department of State with the Department of State or through methods approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE In the event of a non-match Texasrsquo driver license system prohibits the continuation of the issuance transaction

(5) States must verify REAL ID drivers licenses and identification cards with the State of issuance

State-to-State verification has not become operational for states utilization at this time

(6) Nothing in this section precludes a State from issuing an interim license or a license issued under sect3771 that will not be accepted for official purposes to allow the individual to resolve any non-match

sect 3715 Physical security features for the drivers license or identification card

(a) General States must include document security features on REAL ID drivers licenses and identification cards designed to deter forgery and counterfeiting promote an adequate level of confidence in the authenticity of cards and facilitate detection of fraudulent cards in accordance with this section

(1) These features must not be capable of being reproduced using technologies that are commonly used and made available to the general public

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(2) The proposed card solution must contain a well-designed balanced set of features that are effectively combined and provide multiple layers of security States must describe these document security features in their security plans pursuant to sect3741

(b) Integrated security features REAL ID drivers licenses and identification cards must contain at least three levels of integrated security features that provide the maximum resistance to persons efforts tomdash

(1) Counterfeit alter simulate or reproduce a genuine document

(2) Alter delete modify mask or tamper with data concerning the original or lawful card holder

(3) Substitute or alter the original or lawful card holders photograph andor signature by any means and

(4) Create a fraudulent document using components from legitimate drivers licenses or identification cards

(c) Security features to detect false cards States must employ security features to detect false cards for each of the following three levels

(1) Level 1 Cursory examination without tools or aids involving easily identifiable visual or tactile features for rapid inspection at point of usage

(2) Level 2 Examination by trained inspectors with simple equipment

(3) Level 3 Inspection by forensic specialists

(d) Document security and integrity States must conduct a review of their card design and submit a report to DHS with their certification that indicates the ability of the design to resist compromise and document fraud attempts The report required by this paragraph is SSI and must be handled and protected in accordance with 49 CFR part 1520 Reports must be updated and submitted to DHS whenever a security feature is modified added or deleted After reviewing the report DHS may require a State to provide DHS with examination results from a recognized independent laboratory experienced with adversarial analysis of identification documents concerning one or more areas relating to the cards security

Texas is in partial compliance with this regulation The Department requests to coordinate with DHS on the information needed specifically addressing this regulation

sect 3717 Requirements for the surface of the drivers license or identification card

To be accepted by a Federal agency for official purposes REAL ID drivers licenses and identification cards must include on the front of the card (unless otherwise specified below) the following information

(a) Full legal name Except as permitted in sect3711(c)(2) the name on the face of the license or card must be the same as the name on the source document presented by the applicant to establish identity Where the individual has only one name that name should be entered in the last name or family name field and the first and middle name fields should be left blank Place holders such as NFN NMN and NA should not be used

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(b) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(c) Gender as determined by the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(d) Unique Drivers license or identification card number This cannot be the individuals SSN and must be unique across drivers license or identification cards within the State

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(e) Full facial digital photograph A full facial photograph must be taken pursuant to the standards set forth below

(1) States shall follow specifically ISOIEC 19794ndash52005(E) Information technologymdashBiometric Data Interchange FormatsmdashPart 5 Face Image Data The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards from httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to wwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

These standards include

(i) Lighting shall be equally distributed on the face

(ii) The face from crown to the base of the chin and from ear-to-ear shall be clearly visible and free of shadows

(iii) Veils scarves or headdresses must not obscure any facial features and not generate shadow The person may not wear eyewear that obstructs the iris or pupil of the eyes and must not take any action to obstruct a photograph of their facial features

(iv) Where possible there must be no dark shadows in the eye-sockets due to the brow The iris and pupil of the eyes shall be clearly visible

Texas is in partial compliance with this regulation Texas Transportation Code sect 521121 requires the applicantrsquos photograph on the face of the driver license Texas Transportation Code sect 521101 requires the applicantrsquos photograph on identification cards While Texas does meet standard driver license image capture requirements Texas does not specifically follow ISOIEC 19794-52005(E)

(v) Care shall be taken to avoid ldquohot spotsrdquo (bright areas of light shining on the face)

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas is in compliance with this regulation

(2) Photographs may be in black and white or color

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(f) Address of principal residence except an alternative address may be displayed for

(1) Individuals for whom a State law regulation or DMV procedure permits display of an alternative address or

(2) Individuals who satisfy any of the following

(i) If the individual is enrolled in a State address confidentiality program which allows victims of domestic violence dating violence sexual assault stalking or a severe form of trafficking to keep obtain and use alternative addresses and provides that the addresses of such persons must be kept confidential or other similar program

(ii) If the individuals address is entitled to be suppressed under State or Federal law or suppressed by a court order including an administrative order issued by a State or Federal court or

(iii) If the individual is protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(3) In areas where a number and street name has not been assigned for US mail delivery an address convention used by the US Postal Service is acceptable

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

g) Signature (1) The card must include the signature of the card holder The signature must meet the requirements of the March 2005 American Association of Motor Vehicle Administrators (AAMVA) standards for the 2005 AAMVA Drivers LicenseIdentification Card Design Specifications Annex A section A772 This standard includes requirements for size scaling cropping color borders and resolution The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these standards from AAMVA on-line at httpwwwaamvaorg or by contacting AAMVA at 4301 Wilson Boulevard Suite 400 Arlington VA 22203 You may inspect a copy of these incorporated standards at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

(2) The State shall establish alternative procedures for individuals unable to sign their name

Texas is in compliance with this regulation 37 Texas Administrative Code sect1521 govern signature for driver licenses and identification cards

(h) Physical security features pursuant to sect3715 of this subpart

Texas is in compliance with this regulation

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(i) Machine-readable technology on the back of the card pursuant to sect3719 of this subpart

Texas is in partial compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) Date of transaction

Texas is in compliance with this regulation

(k) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sectsect 521271 5212711 521272 521101 521051 govern the term of issuance for a Texas driver license CDL and Identification Card Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(l) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(m) Printed information The name date of birth gender card number issue date expiration date and address on the face of the card must be in Latin alpha-numeric characters The name must contain a field of no less than a total of 39 characters and longer names shall be truncated following the standard established by International Civil Aviation Organization (ICAO) 9303 ldquoMachine Readable Travel Documentsrdquo Volume 1 part 1 Sixth Edition 2006 The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of ICAO 9303 from the ICAO Document Sales Unit 999 University Street Montreal Quebec Canada H3C 5H7 e-mail salesicaoint You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml

Texas is in compliance with this regulation Texas Transportation Code sectsect 521121 and 521101 govern what information appears on the surface of Texas driver license and identification cards

(n) The card shall bear a DHS-approved security marking on each drivers license or identification card that is issued reflecting the cards level of compliance as set forth in sect3751 of this Rule

Texas is in non-compliance with this regulation Texas does not have the legislative authority to mark driver license or identification cards as compliant or non-compliant

sect 3719 Machine readable technology on the drivers license or identification card

For the machine readable portion of the REAL ID drivers license or identification card States must use the ISOIEC 154382006(E) Information TechnologymdashAutomatic identification and data capture

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

techniquesmdashPDF417 symbology specification The Director of the Federal Register approves this incorporation by reference in accordance with 5 USC 552(a) and 1 CFR part 51 You may obtain a copy of these incorporated standards at httpwwwansiorg or by contacting ANSI at ANSI 25 West 43rd Street 4th Floor New York New York 10036 You may inspect a copy of the incorporated standard at the Department of Homeland Security 1621 Kent Street 9th Floor Rosslyn VA (please call 703ndash235ndash0709 to make an appointment) or at the National Archives and Records Administration (NARA) For information on the availability of material at NARA call 202ndash741ndash6030 or go to httpwwwarchivesgovfederal_registercode_of_federal_regulationsibr_locationshtml The PDF417 bar code standard must have the following defined minimum data elements

(a) Expiration date

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(b) Full legal name unless the State permits an applicant to establish a name other than the name that appears on a source document pursuant to sect3711(c)(2)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(c) Date of transaction

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(d) Date of birth

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(e) Gender

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(f) Address as listed on the card pursuant to sect3717(f)

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(g) Unique drivers license or identification card number

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(h) Card design revision date indicating the most recent change or modification to the visible format of the drivers license or identification card

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(i) Inventory control number of the physical document

Texas is non-compliant with this regulation Texas does not currently include the card revision date or the inventory control number in the machine readable zone of a driver license or identification card

(j) State or territory of issuance

Texas is in compliance with this regulation Texas Transportation Code sect 521126 governs machine-readable technology requirements for driver licenses and identification cards

sect 3721 Temporary or limited-term drivers licenses and identification cards

States may only issue a temporary or limited-term REAL ID drivers license or identification card to an individual who has temporary lawful status in the United States

(a) States must require before issuing a temporary or limited-term drivers license or identification card to a person valid documentary evidence verifiable through SAVE or other DHS-approved means that the person has lawful status in the United States

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence (b) States shall not issue a temporary or limited-term drivers license or identification card pursuant to this section

(1) For a time period longer than the expiration of the applicants authorized stay in the United States or if there is no expiration date for a period longer than one year and

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(2) For longer than the States maximum drivers license or identification card term

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sect 521271 governs the issuance based upon the period of lawful presence

(c) States shall renew a temporary or limited-term drivers license or identification card pursuant to this section and sect3725(b)(2) only if

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(1) the individual presents valid documentary evidence that the status by which the applicant qualified for the temporary or limited-term drivers license or identification card is still in effect or

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status under paragraph (a) of this section

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(d) States must verify the information presented to establish lawful status through SAVE or another method approved by DHS

Texas is in compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the issuance based upon the period of lawful presence

(e) Temporary or limited-term drivers licenses and identification cards must clearly indicate on the face of the license and in the machine readable zone that the license or card is a temporary or limited-term drivers license or identification card

Texas is in partial compliance with this regulation Texas verifies USCIS and US Passport documentation through SAVE Texas Transportation Code sectsect 521101 521142 and 521271 govern the expiration date of a driver license and identification card based upon the period of lawful presence However Texas does not currently include a limited-term indicator in the machine readable zone of a driver license or identification card

sect 3723 Reissued REAL ID drivers licenses and identification cards

(a) State procedure States must establish an effective procedure to confirm or verify an applicants identity each time a REAL ID drivers license or identification card is reissued to ensure that the individual receiving the reissued REAL ID drivers license or identification card is the same individual to whom the drivers license or identification card was originally issued

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Prior to the issuance or renewal of a Texas driver license or identification card a search of the driver license database is conducted by name and date of birth for possible multiple issuances Additionally the Texas Department of Public Safety utilizes a one-to-one and one-to-many image comparison on each driver license and identification card transaction in accordance with Texas Transportation Code sect 521059

(b) RemoteNon-in-person reissuance Except as provided in paragraph (c) of this section a State may conduct a non-in-person (remote) reissuance if State procedures permit the reissuance to be conducted remotely Except for the reissuance of duplicate drivers licenses and identification cards as defined in this rule the State must reverify pursuant to sect3713 the applicants SSN and lawful status prior to reissuing the drivers license or identification card

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Texas is in partial compliance with this requirement Texas requires all limited-term driver license and identification card issuances and renewals to be conducted in-person for purposes of verifying the applicantrsquos period of lawful presence during each transaction with the exception of duplicate issuances (replacements) However Texas does not require the re-verification of an applicantrsquos social security number through SSOLV if it has been previously verified

(c) In-person reissuance The State may not remotely reissue a drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through an applicants presentation of an original source document as provided in this subpart and must be verified as specified in sect3713

Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance transaction This policy is enforced through programmatic restrictions for the online service

sect 3725 Renewal of REAL ID drivers licenses and identification cards

(a) In-person renewals States must require holders of REAL ID drivers licenses and identification cards to renew their drivers licenses and identification cards with the State DMV in person no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(1) The State DMV shall take an updated photograph of the applicant no less frequently than every sixteen years

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 govern the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(2) The State must reverify the renewal applicants SSN and lawful status through SSOLV and SAVE respectively (or other DHS-approved means) as applicable prior to renewing the drivers license or identification card The State must also verify electronically information that it was not able to verify at a previous issuance or renewal if the systems or processes exist to do so

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in partial compliance with this requirement Texas Transportation Code sect 521274 and 37 Texas Administrative Code sect1559 governs the eligibility of alternate renewal options for Texas driver licenses and identification cards These rules prohibit alternate renewal options for two consecutive renewal periods Texas Transportation Code sect 521101(f) does authorize an exception to the current 6 year expiration date which results in partial non-compliance with this regulation This statute allows the issuance of an identification card which does not expire to individuals above the age of 60

(3) Holders of temporary or limited-term REAL ID drivers licenses and identification cards must present evidence of continued lawful status via SAVE or other method approved by DHS when renewing their drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement Texas verifies USCIS and US Passport documentation through SAVE for evidence of continued lawful status for all driver license and identification card transactions with the exceptions of duplicate (replacement) transactions Texas Transportation Code sectsect 5211425 and 521271 governs the issuance based upon the period of lawful presence

(b) RemoteNon-in-person renewal Except as provided in (b)(2) a State may conduct a non-in-person (remote) renewal if State procedures permit the renewal to be conducted remotely

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(1) The State must reverify the applicants SSN and lawful status pursuant to sect3713 prior to renewing the drivers license or identification card

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement

(2) The State may not remotely renew a REAL ID drivers license or identification card where there has been a material change in any personally identifiable information since prior issuance All material changes must be established through the applicants presentation of an original source document as provided in Subpart B and must be verified as specified in sect3713

While Texas does not currently issue a fully compliant REAL ID driver license or identification card Texas is in compliance with this requirement By policy all applicants with material changes to their personally identifiable information on their driver license or identification card are required to conduct an in-person reissuance This policy is enforced by the restrictions programmed into the online service

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

sect 3727 Drivers licenses and identification cards issued during the age-based enrollment period

Drivers licenses and identification cards issued to individuals prior to a DHS determination that the State is materially compliant may be renewed or reissued pursuant to current State practices and will be accepted for official purposes until the validity dates described in sect375 Effective December 1 2014 Federal agencies will only accept REAL ID cards for official purpose from individuals under 50 as of December 1 2014 Individuals age 50 or older on December 1 2014 must obtain and present REAL ID cards for official purposes by December 1 2017

Texas does not currently issue a fully compliant REAL ID compliant driver license or identification card

sect 3729 Prohibition against holding more than one REAL ID card or more than one drivers license

(a) An individual may hold only one REAL ID card An individual cannot hold a REAL ID drivers license and a REAL ID identification card simultaneously Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State

Texas is in non-compliance with this requirement While Texas does not currently issue a fully compliant REAL ID driver license or identification card legislative authority is required to prohibit an individual from holding both a REAL ID compliant driver license and a REAL ID compliant identification card

(b) Prior to issuing a REAL ID drivers license

(1) A State must check with all other States to determine if the applicant currently holds a drivers license or REAL ID identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a drivers license in another State or possesses a REAL ID identification card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the drivers license or REAL ID identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(c) Prior to issuing a REAL ID identification card

(1) A State must check with all other States to determine if the applicant currently holds a REAL ID drivers license or identification card in another State

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(2) If the State receives confirmation that the individual holds a REAL ID card in another State the receiving State must take measures to confirm that the person has terminated or is terminating the REAL ID drivers license or identification card issued by the prior State pursuant to State law regulation or procedure

State-to-state verification is not currently available therefore Texas cannot comply with this regulation

Subpart CmdashOther Requirements

sect 3731 Source document retention

(a) States must retain copies of the application declaration and source documents presented under sect3711 of this Part including documents used to establish all names recorded by the DMV under sect3711(c)(2) States shall take measures to protect any personally identifiable information collected pursuant to the REAL ID Act as described in their security plan under sect3741(b)(2)

Texas is in compliance with this regulation Each applicant is required to complete an application with the appropriate declaration This information is retained electronically with the person record files within DLS The Department complies with CJIS (Criminal Justice Information System) requirements and all personally identifiable information collected during the driver license or identification card application is secured within the Departmentrsquos Information Technology internal network

(1) States that choose to keep paper copies of source documents must retain the copies for a minimum of seven years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(2) States that choose to transfer information from paper copies to microfiche must retain the microfiche for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(3) States that choose to keep digital images of source documents must retain the images for a minimum of ten years

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(4) States are not required to retain the declaration with application and source documents but must retain the declaration consistent with applicable State document retention requirements and retention periods

Texas is in compliance with this regulation Texasrsquo DLS does not purge driver license identification card or applicant data and all identity and lawful presence documents including photograph are maintained electronically with the person record within DLS

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(b) States using digital imaging to retain source documents must store the images as follows

(1) Photo images must be stored in the Joint Photographic Experts Group (JPEG) 2000 standard for image compression or a standard that is interoperable with the JPEG standard Images must be stored in an open (consensus) format without proprietary wrappers to ensure States can effectively use the image captures of other States as needed

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(2) Document and signature images must be stored in a compressed Tagged Image Format (TIF) or a standard that is interoperable with the TIF standard

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant documents and signature images in portable document format (pdf)

(3) All images must be retrievable by the DMV if properly requested by law enforcement

Texas is in compliance with this regulation Texasrsquo DLS stores driver license and identification card applicant photographs in JPEG format

(c) Upon request by an applicant a State shall record and retain the applicants name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicants birth certificate where such procedures are required by State law

Texas is in compliance with this regulation Texas does not have state law requiring recording and retention of an applicantrsquos name date of birth certificate numbers date filed and issuing agency in lieu of an image or copy of the applicantrsquos birth certificate

sect 3733 DMV databases

(a) States must maintain a State motor vehicle database that contains at a minimummdash

(1) All data fields printed on drivers licenses and identification cards issued by the State individual serial numbers of the card and SSN

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(2) A record of the full legal name and recorded name established under sect3711(c)(2) as applicable without truncation

Texas is in compliance with this regulation Due to the confidential information contained within the Driver License System (DLS) specifications the DLS Data Dictionary may only be provided upon request and concurrence by the Departmentrsquos Office of General Counsel

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(3) All additional data fields included in the MRZ but not printed on the drivers license or identification card and

This is not applicable because Texas Transportation Code sect 521126 restricts the data in the MRZ to the information that is on the face of the driver license or identification card

(4) Motor vehicle drivers histories including motor vehicle violations suspensions and points on drivers licenses

Texas is in compliance with this regulation

(b) States must protect the security of personally identifiable information collected pursuant to the REAL ID Act in accordance with sect3741(b)(2) of this part

Texas is in compliance with this regulation Texas Transportation Code Section 730 has been enacted to implement the provisions of 18 USC Chapter 123 and to protect the interest of an individual in the individualrsquos personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records except as authorized by the individual or by law DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

Subpart DmdashSecurity at DMVs and Drivers License and Identification Card Production Facilities

sect 3741 Security plan

(a) In General States must have a security plan that addresses the provisions in paragraph (b) of this section and must submit the security plan as part of its REAL ID certification under sect3755

(b) Security plan contents At a minimum the security plan must addressmdash

(1) Physical security for the following

(i) Facilities used to produce drivers licenses and identification cards

(ii) Storage areas for card stock and other materials used in card production

(2) Security of personally identifiable information maintained at DMV locations involved in the enrollment issuance manufacture andor production of cards issued under the REAL ID Act including but not limited to providing the following protections

(i) Reasonable administrative technical and physical safeguards to protect the security confidentiality and integrity of the personally identifiable information collected stored and maintained in DMV records and information systems for purposes of complying with the REAL ID Act These safeguards must include procedures to prevent unauthorized access use or dissemination of applicant information and images of source documents retained pursuant to the Act and standards and procedures for document retention and destruction

(ii) A privacy policy regarding the personally identifiable information collected and maintained by the DMV pursuant to the REAL ID Act

(iii) Any release or use of personal information collected and maintained by the DMV pursuant to the REAL ID Act must comply with the requirements of the Drivers Privacy Protection Act 18 USC

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

2721 et seq State plans may go beyond these minimum privacy requirements to provide greater protection and such protections are not subject to review by DHS for purposes of determining compliance with this Part

(3) Document and physical security features for the card consistent with the requirements of sect3715 including a description of the States use of biometrics and the technical standard utilized if any

(4) Access control including the following

(i) Employee identification and credentialing including access badges

(ii) Employee background checks in accordance with sect3745 of this part

(iii) Controlled access systems

(5) Periodic training requirements inmdash

(i) Fraudulent document recognition training for all covered employees handling source documents or engaged in the issuance of drivers licenses and identification cards The fraudulent document training program approved by AAMVA or other DHS approved method satisfies the requirement of this subsection

(ii) Security awareness training including threat identification and handling of SSI as necessary

(6) Emergencyincident response plan

(7) Internal audit controls

(8) An affirmation that the State possesses both the authority and the means to produce revise expunge and protect the confidentiality of REAL ID drivers licenses or identification cards issued in support of Federal State or local criminal justice agencies or similar programs that require special licensing or identification to safeguard persons or support their official duties These procedures must be designed in coordination with the key requesting authorities to ensure that the procedures are effective and to prevent conflicting or inconsistent requests In order to safeguard the identities of individuals these procedures should not be discussed in the plan and States should make every effort to prevent disclosure to those without a need to know about either this confidential procedure or any substantive information that may compromise the confidentiality of these operations The appropriate law enforcement official and United States Attorney should be notified of any action seeking information that could compromise Federal law enforcement interests

(c) Handling of Security Plan The Security Plan required by this section contains Sensitive Security Information (SSI) and must be handled and protected in accordance with 49 CFR part 1520

Texas is in compliance with this regulation DPS General Manual Chapter 26 governs Information Management Policy regarding the protection of such information maintained by the Department

sect 3743 Physical security of DMV production facilities

(a) States must ensure the physical security of facilities where drivers licenses and identification cards are produced and the security of document materials and papers from which drivers licenses and identification cards are produced or manufactured

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(b) States must describe the security of DMV facilities as part of their security plan in accordance with sect3741

Texas is in compliance with this regulation

sect 3745 Background checks for covered employees

(a) Scope States are required to subject persons who are involved in the manufacture or production of REAL ID drivers licenses and identification cards or who have the ability to affect the identity information that appears on the drivers license or identification card or current employees who will be assigned to such positions (ldquocovered employeesrdquo or ldquocovered positionsrdquo) to a background check The background check must include at a minimum the validation of references from prior employment a name-based and fingerprint-based criminal history records check and employment eligibility verification otherwise required by law States shall describe their background check process as part of their security plan in accordance with sect3741(b)(4)(ii) This section also applies to contractors utilized in covered positions

(b) Background checks States must ensure that any covered employee under paragraph (a) of this section is provided notice that he or she must undergo a background check and the contents of that check

(1) Criminal history records check States must conduct a name-based and fingerprint-based criminal history records check (CHRC) using at a minimum the FBIs National Crime Information Center (NCIC) and the Integrated Automated Fingerprint Identification (IAFIS) database and State repository records on each covered employee identified in paragraph (a) of this section and determine if the covered employee has been convicted of any of the following disqualifying crimes

(i) Permanent disqualifying criminal offenses A covered employee has a permanent disqualifying offense if convicted or found not guilty by reason of insanity in a civilian or military jurisdiction of any of the felonies set forth in 49 CFR 1572103(a)

(ii) Interim disqualifying criminal offenses The criminal offenses referenced in 49 CFR 1572103(b) are disqualifying if the covered employee was either convicted of those offenses in a civilian or military jurisdiction or admits having committed acts which constitute the essential elements of any of those criminal offenses within the seven years preceding the date of employment in the covered position or the covered employee was released from incarceration for the crime within the five years preceding the date of employment in the covered position

(iii) Under want or warrant A covered employee who is wanted or under indictment in any civilian or military jurisdiction for a felony referenced in this section is disqualified until the want or warrant is released

(iv) Determination of arrest status When a fingerprint-based check discloses an arrest for a disqualifying crime referenced in this section without indicating a disposition the State must determine the disposition of the arrest

(v) Waiver The State may establish procedures to allow for a waiver of the requirements of paragraphs (b)(1)(ii) or (b)(1)(iv) of this section under circumstances determined by the State These procedures can cover circumstances where the covered employee has been arrested but no final disposition of the matter has been reached

(2) Employment eligibility status verification The State shall ensure it is fully in compliance with the requirements of section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) with respect to each covered employee The State is encouraged to participate in the USCIS E-Verify program (or any successor program) for employment eligibility verification

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

(3) Reference check Reference checks from prior employers are not required if the individual has been employed by the DMV for at least two consecutive years since May 11 2006

(4) Disqualification If results of the States CHRC reveal a permanent disqualifying criminal offense under paragraph (b)(1)(i) or an interim disqualifying criminal offense under paragraph (b)(1)(ii) the covered employee may not be employed in a position described in paragraph (a) of this section An employee whose employment eligibility has not been verified as required by section 274A of the Immigration and Nationality Act (8 USC 1324a) and its implementing regulations (8 CFR part 274A) may not be employed in any position

(c) Appeal If a State determines that the results from the CHRC do not meet the standards of such check the State must so inform the employee of the determination to allow the individual an opportunity to appeal to the State or Federal government as applicable

(d) Background checks substantially similar to the requirements of this section that were conducted on existing employees on or after May 11 2006 need not be re-conducted

Texas is in partial compliance with this regulation Texas conducts an initial state and federal background check on all Driver License Division employees at time of hire

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Ashley Harden aenert CcunHI Comptroller ol Public AccCIWIts ElllleSC possible dele olldopliltln Jlnt 1 2014 Fer further Information pkase cal (512) 47$-0-387

bull bull bull TITLI 37 lUllUC SAFITY AN D COURICshyTIONS

PART 1 TEXAS DEPARTMENT OF PUBLlC SAFETY

CHAPTER 15 DRIV ER LICENSE RULES SUBCHAPTER B AllUCATION REQUlREMENTS--ORJOINAL- RENEWAL DUPLICATE TDEiTIFICATION CERTIFICATES J7TAC sect1545

The Texas Department of Pubhc Satety ()he departmlttnl) pltOmiddot poampe5 amondmerU to sect1545 conownmg T humbpnnts OriYtN licenses or ident1ficaoo1 catds issued by the department are a key ink to publoo oalety privacy ond notionol MCUnly For the safety security and peace ol mind cf Texas residents lhe deshypartment muM produeoa reeognizably 10hablo oourco of ldenbmiddot f~ and at the sarre time reduce expo5Ure to identity theft and fr~ud A cNet licenampe or identification Cllrd il often used by linanoal lnstrlubOns retauletS law enflaquocernent and othef entishyties to bulltablioh t11e cordholde(s idenoty To thioend the departshytrent has put in place several applca6on requirements meant to eddreampl iuuebull of fraud and to protect the lntegn1y of a dmer Ibullmiddot cense or identJfacaOOn card issued by the department

The department received appropnotions to enhance rts Image VerifiCation Sys1em capab1lrbes under Texas Transportabon Code sect5210541 Tl1ese amendments ate propoSed to rellect this enhancement

0elltlse Hudson Assis-ant Orector Fmanee has determined that for each year of the firampt fNe-year penod thio rule is in effect there Will be no fiscaJ iiC)Iicaoons for statelaquo local gcwemment Of local econom1e1 Ms Hudson has also deteriTIned that thece v11 be no adverse econonic effect on srraU businesampe$ or mee-ro-bu$1neaeS rbull quired to comply with the rule as proPO$ed There is no anticishypated econornec cost tc ~ndivtduals wno are requhed to oompty vth the ruae as proposed There is no anticipated negative imshypact on local emptoymont

In add1tion M1 Hudlon has also determined that fOf eoch year of the fbullst fNe-year period this rule is in elaquoect the pltAllic beneshyfit enbcipnted as a re11l of enfcrdng this rule Mil be improved rebbihty of 1dentrlicaticn ~nformaton hat Mll reduce Texas resshyIdents ebullposure to lderlbly theft and fraud and Increase tl1e Inshytegrity and $eCUrity of the driver lioense proegte$$

The department has detembullned thai this pltoposal Is not a major enviroMMntal ru~ as delin6d by Texas Goyenemment Code sect2001 0225 ~aor erw1ronmental rule means a rule the specifiC intent of Nhich i$ to ptotect tt1e environmenl or reduce rlsks b hurmn 1eatth hom envlronnental exposure that rmy adversely affect in a mnerial way th-e economy a sector of the economy pltoductgtvrty compet4ron jobs the envrronrrent 01the

39 Texleg 3568 May 2 201 Texas legiJier

pubic health and safety ol a state or a sector of the state This proposal rs not speclfwalty intended to pro4ect the erwbullonment or reduce nsks to human health from erw~ronmental exposure

The deportment hiS determined that Cheptelt 2007 Of the Tebull Goverrwnent Code does not apply to this proposed Accordingly the depanment Is noc reqwed to oomplete o toklngslmpoct U middot sessment

Coomet~ts on thiS proposal may b6 ampubmtted to Jane Smth Ofiver Licenampe Oivilion Texas Oepalttment of PUblic Safety PO Box 4087 (MSC 0000) Aus~n Texas 78773 by fox to(512) 424-5233 Of by emoi to OIOrulocommontsdp5 t ugov Comshyments must be received no later than thirty (30) days from the date ol publocotion of this proposal

Thrs proposal is made pursuant to iexas Goverr ment Code sect411004(3) -ich bullutnorizes tho Public Sbullfety Cltgtrrmssion to adopt rules conskleted necessary for carrying out the departmiddot menro M)ltk Texas TransponatJOn Code sect521 005 -lch a~gtshythor~es the department to adopt rules to administer Chaptet 521 of the Transpo~tnJon Code andToxas Transportation Code sect521142 which aAlorizes the department to $El criver lioeflse and klen~abOn card Identity fequr-ementa

ToxasGoveltnmont Code sect411 004(3) and Texas Transportation Code Chapter 521 ore oftecled by this proposol

sect1 JJt Ft1gnmiddotvrlmJ JTittJMJIJifftHLI] An Jpplicahon tbr oqginll rmewtLI or dupticali nmiddotu license or J)IKclal bulldcllttfioabot ~laquotifioate uuN include tb fiJJterpunls ~~~nts] ofthcbullwfioont [ifthttlrumbpm be IIlia I 11(-tX fi I ltllWiRIS of thl t~p~gtI IOfllbulll middot 1111 $1-CIIOl ~ nCt ipply 10 nn applicanl yent1lo is permitt-ed ond utilizt~ an nJtmlllit me1hod for rellttmiddotl or cklpli(11UJ bull dnver bocn~ cr ldenbfieouonocn~ll c_te

The agency certties that tegal coun~oel has fevtewed the promiddot posal and foond It to be Within the state agencys legal authority to adopt

Filed With the Otrooo oflhe Stc~otary of State on Apri 16 2014

TR0201401amp16 0 Plilllp Ac1kJn I General Ccuasef Tens Oepertment ol ~Safety E1titst polSible elite of adoption Juno 1 2014 Fer further lnfOrmetion please cal (512) 424-584-amp

bull bull bull SUBCHAPTER C EXAMINATION REQUIREMENTS 37 lAC sect1562

The Texas Department of PubliC Salety (the depanmenl) pltoshypoampeo new sect15 62 coooemlng Adldtionol Req11remento fltX ExshyarrinabOfls Texas TransportabOn Code sect521142(e) authofizes adldlionol requlrennonts to pltovo competency and ellgiltlity fof a driver ioense ilnd sect521 005 authorizes the depe~rtrnent to iitclopt 1ules to admniSter the chapter This N i$ necess1ry eo lnfOfm the publiC tl the requirement foJ applteants under 18 years of age to complete the Impact Texas Teen OrNlaquoS program

Dense Hodson Assistant Director Finance has determined that IOC each year ol the tlt5t ftve-year pe11od the ftlle Is in e1fect there wift be no frscal impications for state or local government Of laal eoonomes

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191

Thamp Texas Department of Pllblle Safety (the department) adopts omendmento tosect4 11 oonoomi41 Genenol Applicobolityond Defmiddot initions This section isadoptedv-4thout changes to the proposed text es published in the May 9 2014 Mue of the Tttxas Register (39 TexReg 36M) ond will not be republiShed

These amendments ore neltle$S8JY to harmonize updates In Title 49 Code of Feceral Regulations With those laws adopted by T~as

No oomments -bull received regarding lhe adopltion of these amendmentamp

These amendments are adopted pursuant to Texas T1anspotta Von Code sect644051 wtich autOOrizfithedireaortoadopt rules regulating the sal$ uan~lon of hazordOVs mote rials and the safe operation ofconvnercial rrotor vehicles and at1horizes the dorector to adOpt all 0lt pM of the federol Q fety regula110no by reference

Thamp agency certJhe~ that legal counsel has re~ the adopshytion and found ~ 10 be a valid ltOltercis4 of lhe agencys legal aumiddot lhonty

Flied IMlh the OWICe of lhe Secretary of State oo June 16 2014

TRD-201402186 0 PMIp Adkins Genl CcunMI Telftt Otlment Of PubiC Slett Bredivo dtle Jul) amp 2014 PrCII)OIIIpub~dMe Mly9 201 4 for further infocmation please calL (512) 42~5548

bull bull bull CHAPTER 1 ~ DRJ VER LICENSE RULES SUBCHA PTER B A PPLICATION REQUIREMENTS--ORIGINAL Rpound--iEWAL DUPLICATE IOENTIFlCAnON CEimFICATES

J7 TAC sect15~5

The Texas Oepllltmenl of Public Safety (the departmen9 adopts the amendments sect1545 conoerning Ftngerprints This secshyloon os odoptampd ltM chongn to the pltoposed Uxt 01 pubmiddot bhed on lheMay2 2014 ossoealhe TexasRegislelt(39TexReg 3568) and will net be republbullhed

Orrves licenws omiddot ldentrficaboll cards issued by the department 010 a key ~nk to public safety prwocy and notiOnal seoumy For the safety securty and peace of mind of Texas residentamp the department must produce a recognlzabl) retiatlte sourceot idlmmiddot tification and at tlle same bme reduce exposure t) ideltity theft and fraud A driiiOlt license ex icentlflcatlon card Is olton used by financial instituticns retailef5 taw enforcement and other en~ toes to establish tile cardholde(oldampnbty To lhis end the depart ment has put in Pace several application requirements meant to address iuues d troud and to protect the tntegrity of a drtvet IImiddot oense or identilcabon card issued by the department

No comments clefe received regarding the adoption ot this amendment

This amendmem is adopted pursuant to Texas Gcwernment Code sect41100413) which autholtlzes the Public Safety Commiddot mission to adopt rules considered neoessary fltgtf carrying out the departments work Texas Transportatoon Code sect521005

which authonzes the damppartment to adopt rules to administer Chapter 521 of the Tran5PQrta1ion Code and Texas Trsnsportamiddot t10n Code sect521 142 whkh authooizes lhe department to set driver license and identlfMUtiOO card identiy requirements

The agency cerbfteS that legal counsel has revewed the adopmiddot toon and found bull to be o volid exeltclse of the agencys lampgal bullbullmiddot ttoonty

Foled with lhe Offoce of lhe Secretary a State on June 16 2014

TRD-~1 402779

0 Ploollp Adtllnbull General Coon SAamp Tuu Otflment Of Public Safety EtfecbW date July 6 2014 Fgtoposol pOOIltICICifl Mty 2 2014 FOt 1Jfther infonnetlon please can- (512) 42ltfS848

bull SUBCJIAPTpoundR C REQUIREMENTS J7 TAC sect1561

bull bull EXAMINATION

The TeXO$ Department ol Public Safety (the department) acopto new sect15S2 ooncemlng odditoonal requir-nts IOlt exominamiddot t100S This section is adopted Vfith changes to the proposed text as pubhshed the May 2 201 4 iuueoflhe Texobull RegJStmiddot(39 TexReg 3568) and Will be repubkshed

Texas TransportabOO Code sect521142(o) authooizes addOOilal requirements 10 prove OOl)etency and eligililiy 10lt a drivelt fimiddot cense and sect521 005 authorizes the departnent to adopt rules to administer the chilpter This rute i5 oecenary to inform the public of the requirement for appltcants under 18 yeaJS d age to oompletethe Impact Texas Teen Drivers plto~ram

The department accepted comments on the ptoposed rules through June 2 2014 11ilten oomments middot-e submtted by cartos Reyna representing Texas DrMng School One votding change waa made based on the commet~ts receNed The COIIlneflts as well as the departments r~nses thereto are aurrrnallzed below

COMMENT Regardllg the authonzation to develop newrequ11emiddot ments for obtaining a dm er I~Cet~Se n Texas Mr Reyna chalshyle4jeslhe departmenrs oulhority to devtlotgt the rule requlrong completion of the l mpciKt Texas Teen OrNer (ITTO) prograrT ltatlng thai the pcrNer to develop new requt~emonts belongs to the Texa$ l eQISiature

RESPONSE The departmampnt dosagrees -lth this commampn1 Transportation Code sect521142(e) pltovides lhe atAilority for the departmert to teqwre other lnfOlaquoTTatlon to detefrrlne the applicants eligb ility as required by the department Of sbJte law

COMMENT Mr Reyno reoommended that the department proshyvide acditlonal rnformotoon about rule pooposaiS ond lheriHmakmiddot ing pr~ available to the pubfic iilnd contends that the departmiddot ment hot exceeded ~bull rutemo king authority in propoorng sect 1 5 S2

RESPONSE The department disagrees with this comment The department follows lhe rulemoklng process established by state law and the Texas Secretary of State The rulemaking authority to admlnlsUr Transportation Code Clapteo 521 Is granted by the legislature under Tnsportation Code sect021 005

ADOPTED JUJES July4 201 J91exleg 5 191

• combinedpdf
• • c JULY 18 2014 Ten Print Information (1)
  • e JULY 25 2014 Response Attachment Texas Statute and Administrative Rule _2_
  • b JULY 18 2014 Response Attachment Real ID Overview final 060314 (2)
  • TexReg 3568
  • TexReg 5191