SB2328 - Relating to the acceptance of and funding for certain forms of identification issued to persons unlawfully present in the United States; creating a criminal offense.

  89R14444 LRM-F     By: Campbell S.B. No. 2328       A BILL TO BE ENTITLED   AN ACT   relating to the acceptance of and funding for certain forms of   identification issued to persons unlawfully present in the United   States; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 752, Government Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. IDENTIFICATION KNOWINGLY ISSUED TO PERSONS   UNLAWFULLY PRESENT IN UNITED STATES           Sec. 752.081.  DEFINITIONS. In this subchapter:                 (1)     "Business entity" means any entity recognized by   law through which business is conducted, including a sole   proprietorship, partnership, firm, corporation, limited liability   company, holding company, joint stock company, receivership, or   trust.                 (2)     "Department" means the Department of Public   Safety.                 (3)  "Governmental entity" means:                       (A)     any board, commission, office, department,   or other agency in the executive branch of state government; or                       (B)  a municipality or county.                 (4)     "Identification document" means any type of   personal identification card or other document, including a   driver's license, that may be used to verify a person's age,   identity, or residency.           Sec.   752.082.     NONAPPLICABILITY. This subchapter does not   apply to an identification document issued by, or on behalf of, the   federal government.           Sec.   752.083.     DATABASE OF IDENTIFICATION DOCUMENTS ISSUED   TO PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. (a) The   department shall establish and maintain a database of public or   private entities that issue an identification document to an   individual that the entity knows is not lawfully present in the   United States.           (b)     The database must include images of identification   documents described by Subsection (a).           (c)     The department shall make the database publicly   available on the department's Internet website.           Sec.   752.084.     OFFENSE: RECOGNITION OF CERTAIN   IDENTIFICATION DOCUMENTS. (a) An officer or employee of a   governmental entity or business entity commits an offense if the   actor accepts, relies on, or otherwise uses an identification   document specified in the database established under Section   752.083 to determine a person's age, identity, or residency.           (b)  An offense under this section is a Class A misdemeanor.           (c)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.           Sec.   752.085.     PROHIBITED USE OF CERTAIN IDENTIFICATION   DOCUMENT. Notwithstanding any other law, an identification   document maintained in the database established under Section   752.083 is not considered a valid method of identification in this   state.           Sec.   752.086.     ASSISTANCE AND TRAINING ON DATABASE AND   COMPLIANCE. The department shall establish a training program for   governmental entities and business entities and shall provide   assistance to an entity on request with respect to use of the   database established under Section 752.083.           Sec.   752.087.     PROHIBITED USE OF FUNDS FOR CERTAIN   IDENTIFICATION DOCUMENTS. A governmental entity or business entity   may not provide funds to any person for the purpose of assisting the   person in obtaining an identification document specified in the   database established under Section 752.083.          SECTION 2.  Not later than January 1, 2026, the Department of   Public Safety shall establish the database required by Section   752.083, Government Code, as added by this Act, and the training   program required by Section 752.086, Government Code, as added by   this Act.          SECTION 3.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2025.          (b)  Sections 752.084, 752.085, and 752.087, Government   Code, as added by this Act, take effect March 1, 2026.