All DPS Docs Combined

From: DPS Government Relations
To: DPS Government Relations

Subject: DPS: DL 10-Print Information
Date: Friday, J uly 25, 2014 3:46:45 PM
Attachments: Texas Statute and Administrative Rule.docx
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.

Authority
Since at least 1967, Transportation Code 521.142 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 applicants 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 521.059, which mandated the creation of an
image verification system based upon identifiers including the applicants facial image as well as
thumbprints or fingerprints. Transportation Code 521.059 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 521.142, 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 82
nd
Legislature appropriated more than $60 million to a Driver License System Improvement Account.
The legislature specified that $550,000 in fiscal year 2012 and $550,000 in fiscal year 2013 for the
purpose of expanded electronic fingerprint authority and capability.

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 ten-print 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 15.45.
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 are/are not impacted by the process.

Security
DPS has been charged by the Texas Legislature with the significant responsibility of issuing Texas
driver licenses (DL) and Texas identification (ID) cards 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 DL/ID
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 DL/ID card fraud by preventing duplicate or alias licensing;
preventing the DL/ID from being used fraudulently to obtain goods, services or other
forms of identification; and
helping 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 DLs/IDs to support their covert
movements within our country.

The Image Verification System (IVS) mandated by Texas statute in 2005 authorizes DPS to use DL/ID
photos and thumbprints or fingerprints 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
applicants criminal history this is simply not true. Fingerprints captured at DL offices are NOT
used to search an applicants criminal history.

All applicant fingerprints are run against the Texas unsolved latent print file, which is comprised of
statewide crime scene fingerprint evidence. The states 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:
http://www.txdps.state.tx.us/CrimeLaboratory/AFIS.htm

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 Update
The 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 applicants 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 Nolte
Deputy Assistant Director
Office of Government Relations
Texas Department of Public Safety

TexasTransportationCode&TexasAdministrativeCodeCitations:
Sec. 521.142. APPLICATION FOR ORIGINAL LICENSE. ( a) An

appl i cat i on f or an or i gi nal l i cense must st at e t he appl i cant ' s
f ul l name and pl ace and dat e of bi r t h. Thi s i nf or mat i on must be
ver i f i ed by pr esent at i on of pr oof of i dent i t y sat i sf act or y t o
t he depar t ment . An appl i cant who i s not a ci t i zen of t he Uni t ed
St at es must pr esent t o t he depar t ment document at i on i ssued by
t he appr opr i at e Uni t ed St at es agency t hat aut hor i zes t he
appl i cant t o be i n t he Uni t ed St at es bef or e t he appl i cant may be
i ssued a dr i ver ' s l i cense. The depar t ment must accept as
sat i sf act or y pr oof of i dent i t y under t hi s subsect i on an of f ender
i dent i f i cat i on car d or si mi l ar f or mof i dent i f i cat i on i ssued t o
an i nmat e by t he Texas Depar t ment of Cr i mi nal J ust i ce i f t he
appl i cant al so pr ovi des suppl ement al ver i f i abl e r ecor ds or
document s t hat ai d i n est abl i shi ng i dent i t y.
( b) The appl i cat i on must i ncl ude:
( 1) t he t humbpr i nt s of t he appl i cant or , i f
t humbpr i nt s cannot be t aken, t he i ndex f i nger pr i nt s of t he
appl i cant ;
( 2) a phot ogr aph of t he appl i cant ;
( 3) t he si gnat ur e of t he appl i cant ; and
( 4) a br i ef descr i pt i on of t he appl i cant .
( c) The appl i cat i on must st at e:
( 1) t he sex of t he appl i cant ;
( 2) t he r esi dence addr ess of t he appl i cant , or i f t he
appl i cant i s a f eder al j udge, a st at e j udge, or t he spouse of a
f eder al or st at e j udge usi ng t he pr ocedur e devel oped under
Sect i on 521. 121( c) , t he st r eet addr ess of t he cour t house i n
whi ch t he appl i cant or t he appl i cant ' s spouse ser ves as a
f eder al j udge or a st at e j udge;
( 3) whet her t he appl i cant has been l i censed t o dr i ve
a mot or vehi cl e bef or e;
( 4) i f pr evi ousl y l i censed, when and by what st at e or
count r y;
( 5) whet her t hat l i cense has been suspended or
r evoked or a l i cense appl i cat i on deni ed;
( 6) t he dat e and r eason f or t he suspensi on,
r evocat i on, or deni al ;
( 7) whet her t he appl i cant i s a ci t i zen of t he Uni t ed
St at es; and
( 8) t he count y of r esi dence of t he appl i cant .

Text of subsect i on as amended by Act s 2009, 81st Leg. , R. S. , Ch.
1253 ( H. B. 339) , Sec. 9

( d) I f t he appl i cant i s under 21 year s of age, t he
appl i cat i on must st at e whet her t he appl i cant has compl et ed a
dr i ver educat i on cour se r equi r ed by Sect i on 521. 1601.

Text of subsect i on as amended by Act s 2009, 81st Leg. , R. S. , Ch.
1413 ( S. B. 1317) , Sec. 1

( d) I f t he appl i cant i s under 25 year s of age, t he
appl i cat i on must st at e whet her t he appl i cant has compl et ed a
dr i ver educat i on cour se r equi r ed by Sect i on 521. 1601.
( e) The appl i cat i on must i ncl ude any ot her i nf or mat i on t he
depar t ment r equi r es t o det er mi ne t he appl i cant ' s i dent i t y,
r esi dency, compet ency, and el i gi bi l i t y as r equi r ed by t he
depar t ment or st at e l aw.
( f ) I nf or mat i on suppl i ed t o t he depar t ment r el at i ng t o an
appl i cant ' s medi cal hi st or y i s f or t he conf i dent i al use of t he
depar t ment and may not be di scl osed t o any per son or used as
evi dence i n a l egal pr oceedi ng ot her t han a pr oceedi ng under
Subchapt er N. Thi s subsect i on does not appl y t o i nf or mat i on
pr ovi ded by an appl i cant under Subsect i on ( h) .
( g) The depar t ment may r equi r e an appl i cant t o pr ovi de t he
appl i cant ' s soci al secur i t y number onl y f or a pur pose per mi t t ed
by Sect i on 521. 044.
( h) The appl i cat i on must pr ovi de space f or t he appl i cant
t o vol unt ar i l y l i st any heal t h condi t i on t hat may i mpede
communi cat i on wi t h a peace of f i cer as evi denced by a wr i t t en
st at ement f r oma l i censed physi ci an.
( i ) The appl i cat i on must pr ovi de space f or t he appl i cant :
( 1) t o vol unt ar i l y l i st any mi l i t ar y ser vi ce t hat may
qual i f y t he appl i cant t o r ecei ve a l i cense wi t h a vet er an' s
desi gnat i on under Sect i on 521. 1235; and
( 2) t o i ncl ude pr oof r equi r ed by t he depar t ment t o
det er mi ne t he appl i cant ' s el i gi bi l i t y t o r ecei ve t hat
desi gnat i on.

Act s 1995, 74t h Leg. , ch. 165, Sec. 1, ef f . Sept . 1, 1995.
Amended by Act s 1999, 76t h Leg. , ch. 556, Sec. 78, ef f . Sept . 1,
1999; Act s 1999, 76t h Leg. , ch. 640, Sec. 3, ef f . Sept . 1,
1999; Act s 2003, 78t h Leg. , ch. 1335, Sec. 2, ef f . J an. 1,
2004.
Amended by:
Act s 2005, 79t h Leg. , Ch. 1108 ( H. B. 2337) , Sec. 5, ef f .
Sept ember 1, 2005.
Act s 2005, 79t h Leg. , Ch. 1218 ( H. B. 967) , Sec. 4, ef f .
Sept ember 1, 2005.
Act s 2009, 81st Leg. , R. S. , Ch. 316 ( H. B. 598) , Sec. 4,
ef f . Sept ember 1, 2009.
Act s 2009, 81st Leg. , R. S. , Ch. 1146 ( H. B. 2730) , Sec.
13A. 04, ef f . Sept ember 1, 2009.
Act s 2009, 81st Leg. , R. S. , Ch. 1146 ( H. B. 2730) , Sec.
14. 01, ef f . Sept ember 1, 2009.
Act s 2009, 81st Leg. , R. S. , Ch. 1253 ( H. B. 339) , Sec. 9,
Act s 2009, 81st Leg. , R. S. , Ch. 1413 ( S. B. 1317) , Sec. 1,
ef f . Mar ch 1, 2010.
Act s 2011, 82nd Leg. , R. S. , Ch. 91 ( S. B. 1303) , Sec.
24. 011, ef f . Sept ember 1, 2011.
Act s 2011, 82nd Leg. , R. S. , Ch. 273 ( H. B. 1514) , Sec. 2,
Act s 2011, 82nd Leg. , 1st C. S. , Ch. 4 ( S. B. 1) , Sec. 72. 06,
Sec. 521.059. IMAGE VERIFICATION SYSTEM. ( a) The

depar t ment shal l est abl i sh an i mage ver i f i cat i on syst embased on
t he f ol l owi ng i dent i f i er s col l ect ed by t he depar t ment :
( 1) an appl i cant ' s f aci al i mage; and
( 2) an appl i cant ' s t humbpr i nt s or f i nger pr i nt s.
( b) The depar t ment shal l aut hent i cat e t he f aci al i mage and
t humbpr i nt s or f i nger pr i nt s pr ovi ded by an appl i cant f or a
per sonal i dent i f i cat i on cer t i f i cat e, dr i ver ' s l i cense, or
commer ci al dr i ver ' s l i cense or per mi t usi ng i mage compar i son
t echnol ogy t o ensur e t hat t he appl i cant :
( 1) i s i ssued onl y one or i gi nal l i cense, per mi t , or
cer t i f i cat e;
( 2) does not f r audul ent l y obt ai n a dupl i cat e l i cense,
per mi t , or cer t i f i cat e; and
( 3) does not commi t ot her f r aud i n connect i on wi t h
t he appl i cat i on f or a l i cense, per mi t , or cer t i f i cat e.
( c) The depar t ment shal l use t he i mage ver i f i cat i on syst em
est abl i shed under t hi s sect i on onl y t o t he ext ent al l owed by
Chapt er 730, Tr anspor t at i on Code, t o ai d ot her l aw enf or cement
agenci es i n:
( 1) est abl i shi ng t he i dent i t y of a vi ct i mof a
di sast er or cr i me t hat a l ocal l aw enf or cement agency i s unabl e
t o est abl i sh; or
( 2) conduct i ng an i nvest i gat i on of cr i mi nal conduct .
( d) Expi r ed.

Added by Act s 2005, 79t h Leg. , Ch. 1108 ( H. B. 2337) , Sec. 4,
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 15.45 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 15.45 adopted to be effective October 24, 1996, 21
TexReg 10218; amended to be effective December 5, 2001, 26 TexReg 9913; amended to be
effective J uly 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 elses namewith
forged or stolen Social Security cards or other documentsand 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
9/11 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 applicants 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
applicants 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, and/or
department policy. Many of the benchmarks which Texas is compliant with involve the
collection of identity documents, verification of those documents, capture of the
applicants image, issuance of the driver license or identification card, and security
requirements of the REAL ID Act.

Through state statute, administrative rule, and policy, Texas 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 applicants 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 and/or 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
states DL/ID issuing agencies
Only allow one compliant DL or ID card per person
Provide authority to place an indicator on the face of the DL/ID for purposes of
differentiating compliant and non-compliant cards
Repeal provision the provision in Texas Transportation Code Section 521.101
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

37.5 Validity periods and deadlines for REAL ID driver's licenses and identification
cards.

(a) Driver's licenses and identification cards issued under this part, that are not temporary or limited-
term driver's 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 521.271, 521.2711, 521.272, 521.101, 521.051 provides the length of issuance
for a Texas driver license, CDL, and Identification Card which do not exceed six years;
however, Texas Transportation Code 521.101(f) indicates that an identification card
issued to individuals over the age of 60 does not expire.

37.11 Application and documents the applicant must provide.
(a) The State must subject each person applying for a REAL ID driver's 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 37.31 as follows:
(1) If no card is issued, for a minimum period of five years.
Texas is in compliance with this regulation. Texas 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 521.142(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. Texas 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 521.141. 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
Departments 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 U.S. passport.
(ii) Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency
in the individual's State of birth.
(iii) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS240,
DS1350 or FS545.
(iv) Valid, unexpired Permanent Resident Card (Form I551) issued by DHS or INS.
(v) Unexpired employment authorization document (EAD) issued by DHS, Form I766 or Form I
688B.
(vi) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the
approved I94 form documenting the applicant's most recent admittance into the United States.
(vii) Certificate of Naturalization issued by DHS, Form N550 or Form N570.
(viii) Certificate of Citizenship, Form N560 or Form N561, issued by DHS.
(ix) REAL ID driver's 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 521.142 and
37 Texas Administrative Code 15.24 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 37.31,
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 37.31.
37 Texas Administrative Code 15.23 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.

(e) Social security number (SSN) . (1) Except as provided in paragraph (e)(3) of this section,
individuals presenting the identity documents listed in 37.11(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 applicant's
SSN:
(i) A W2 form,
(ii) A SSA1099 form,
(iii) A non-SSA1099 form, or
(iv) A pay stub with the applicant's name and SSN on it.
Code 521.142, Texas Family Code 231.302(c)(1), and 37 Texas Administrative Code
15.42 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 37.13(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 37.11(c)(1)(vi) must present an SSN or
demonstrate non-work authorized status.
Code 521.142 and 37 Texas Administrative Code 15.42 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 State's choice that include the
individual's name and principal residence. A street address is required except as provided in
37.17(f) of this part.
Texas is compliance with this regulation. Texas Transportation Code 521.1426, 37
Texas Administrative Code 15.49 and 16.13 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 driver's 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 521.101,
521.142, and 521.271 govern the requirement of a person to present evidence of lawful
status, and 37 Texas Administrative Code 15.46 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 State's verification of the
applicant's identity in the manner prescribed in 37.13 will also provide satisfactory evidence of
lawful status.
(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 State's verification of the identity document(s) does
not provide satisfactory evidence of lawful status. The applicant must also present a second
document from 37.11(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 37.13.
Texas is in compliance with this regulation. Texas Transportation Code 521.101,
521.142, and 521.271 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 U.S. citizenship.
Texas is in compliance with this regulation. 37 Texas Administrative Code 15.24
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 applicant's 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. Texas 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 37.31
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 37.55.
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 driver's
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. Driver's
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.
37.13 Document verification requirements.
(a) States shall make reasonable efforts to ensure that the applicant does not have more than one
driver's license or identification card already issued by that State under a different identity. In States
where an individual is permitted to hold both a driver's 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 37.29 before issuing a driver's license or
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 521.059.
(b) States must verify the documents and information required under 37.11 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 521.101, 521.142, and 521.271 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 37.11(c) or (g) and issued by DHS (including, but
not limited to, the I94 form described in 37.11(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 driver's license or identification card to an applicant, and must refer the individual to U.S.
Citizenship and Immigration Services for resolution.
Texas is in compliance with this regulation. Texas verifies USCIS and U.S. Passport
documentation through SAVE. Texas Transportation Code 521.101, 521.142, and
521.271 govern the issuance based upon the period of lawful presence. In the event of
a non-match, Texas 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 driver's
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 U.S. Social Security Administration for all original driver license and
identification card applicants. In the event of a non-match, Texas 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 driver's 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.
documentation through SAVE. In the event of a non-match, Texas driver license
system prohibits the continuation of the issuance transaction.
(5) States must verify REAL ID driver's 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 37.71 that will not be accepted for official purposes to allow the individual to resolve any
non-match.
37.15 Physical security features for the driver's license or identification card.
(a) General. States must include document security features on REAL ID driver's 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 37.41.
(b) Integrated security features. REAL ID driver's licenses and identification cards must contain at
least three levels of integrated security features that provide the maximum resistance to persons'
efforts to
(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 holder's photograph and/or signature by any means;
and
(4) Create a fraudulent document using components from legitimate driver's licenses or
(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 card's security.
Texas is in partial compliance with this regulation. The Department requests to
coordinate with DHS on the information needed specifically addressing this regulation.
37.17 Requirements for the surface of the driver's license or identification card.
To be accepted by a Federal agency for official purposes, REAL ID driver's 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 37.11(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.
521.101 govern what information appears on the surface of Texas driver license and
(b) Date of birth.
(c) Gender, as determined by the State.

(d) Unique Driver's license or identification card number. This cannot be the individual's SSN, and
must be unique across driver's license or identification cards within the State.
(e) Full facial digital photograph. A full facial photograph must be taken pursuant to the standards
set forth below:
(1) States shall follow specifically ISO/IEC 197945:2005(E) Information technologyBiometric Data
Interchange FormatsPart 5: Face Image Data. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy of these incorporated standards from http://www.ansi.org , 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 7032350709 to make an appointment) or at the National Archives and Records Administration
(NARA). For information on the availability of material at NARA, call 2027416030, or go to
www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .
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
521.121 requires the applicants photograph on the face of the driver license. Texas
Transportation Code 521.101 requires the applicants photograph on identification
cards. While Texas does meet standard driver license image capture requirements,
Texas does not specifically follow ISO/IEC 19794-5:2005(E).
(v) Care shall be taken to avoid hot spots (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 521.121
and 521.101 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 individual's 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 U.S. mail delivery, an
address convention used by the U.S. Postal Service is acceptable.
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 Driver's License/Identification Card Design Specifications, Annex A,
section A.7.7.2. 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 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these standards from
AAMVA on-line at http://www.aamva.org , 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 7032350709 to make
an appointment) or at the National Archives and Records Administration (NARA). For information on
the availability of material at NARA, call 2027416030, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .
(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 15.21
govern signature for driver licenses and identification cards.
(h) Physical security features, pursuant to 37.15 of this subpart.
(i) Machine-readable technology on the back of the card, pursuant to 37.19 of this subpart.
*Texas is in partial compliance with this regulation. Texas Transportation Code
521.126 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
(j) Date of transaction.
(k) Expiration date.
Texas is in compliance with this regulation. Texas Transportation Code 521.271,
521.2711, 521.272, 521.101, 521.051 govern the term of issuance for a Texas driver
license, CDL, and Identification Card. Texas is in compliance with this regulation.
Texas Transportation Code 521.121 and 521.101 govern what information appears
on the surface of Texas driver license and identification cards.
(l) State or territory of issuance.
(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, Machine
Readable Travel Documents, Volume 1, part 1, Sixth Edition, 2006. The Director of the Federal
Register approves this incorporation by reference in accordance with 5 U.S.C. 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: sales@icao.int . You may inspect a copy of the
incorporated standard at the Department of Homeland Security, 1621 Kent Street, 9th Floor, Rosslyn,
VA (please call 7032350709 to make an appointment) or at the National Archives and Records
Administration (NARA). For information on the availability of material at NARA, call 2027416030, or
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .
(n) The card shall bear a DHS-approved security marking on each driver's license or identification
card that is issued reflecting the card's level of compliance as set forth in 37.51 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.
37.19 Machine readable technology on the driver's license or identification card.
For the machine readable portion of the REAL ID driver's license or identification card, States must
use the ISO/IEC 15438:2006(E) Information TechnologyAutomatic identification and data capture
techniquesPDF417 symbology specification. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy of these incorporated standards at http://www.ansi.org , 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 7032350709 to make an appointment) or at the National Archives and Records Administration
(NARA). For information on the availability of material at NARA, call 2027416030, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . The
PDF417 bar code standard must have the following defined minimum data elements:
(a) Expiration date.
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 37.11(c)(2).
cards.
(c) Date of transaction.
cards.
(d) Date of birth.
cards.
(e) Gender.
cards.
(f) Address as listed on the card pursuant to 37.17(f).
cards.
(g) Unique driver's license or identification card number.
cards.
(h) Card design revision date, indicating the most recent change or modification to the visible
format of the driver's 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.
cards.
37.21 Temporary or limited-term driver's licenses and identification cards.
States may only issue a temporary or limited-term REAL ID driver's 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 driver's 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 U.S. Passport documentation through SAVE. Texas Transportation Code
521.101, 521.142, and 521.271 govern the issuance based upon the period of lawful
presence.

(b) States shall not issue a temporary or limited-term driver's license or identification card pursuant
to this section:
(1) For a time period longer than the expiration of the applicant's authorized stay in the United
States, or, if there is no expiration date, for a period longer than one year; and
documentation through SAVE. Texas Transportation Code 521.271 governs the
issuance based upon the period of lawful presence.
(2) For longer than the State's maximum driver's license or identification card term.
documentation through SAVE. Texas Transportation Code 521.271 governs the
issuance based upon the period of lawful presence.
(c) States shall renew a temporary or limited-term driver's license or identification card pursuant to
this section and 37.25(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 driver's license or identification card is still in effect, or
documentation through SAVE. Texas Transportation Code 521.1425 and 521.271
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.
documentation through SAVE. Texas Transportation Code 521.1425 and 521.271
(d) States must verify the information presented to establish lawful status through SAVE, or another
method approved by DHS.
documentation through SAVE. Texas Transportation Code 521.101, 521.142, and
521.271 govern the issuance based upon the period of lawful presence.
(e) Temporary or limited-term driver's 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 driver's license or identification card.
*Texas is in partial compliance with this regulation. Texas verifies USCIS and U.S.
Passport documentation through SAVE. Texas Transportation Code 521.101,
521.142, and 521.271 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
37.23 Reissued REAL ID driver's licenses and identification cards.
(a) State procedure. States must establish an effective procedure to confirm or verify an applicant's
identity each time a REAL ID driver's license or identification card is reissued, to ensure that the
individual receiving the reissued REAL ID driver's license or identification card is the same
individual to whom the driver's license or identification card was originally issued.
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 521.059.
(b) Remote/Non-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 driver's licenses and identification cards
as defined in this rule, the State must reverify pursuant to 37.13, the applicant's SSN and lawful
status prior to reissuing the driver's 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 applicants period of lawful presence during each
transaction, with the exception of duplicate issuances (replacements). However, Texas
does not require the re-verification of an applicants social security number through
SSOLV if it has been previously verified.
(c) In-person reissuance. The State may not remotely reissue a driver's 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 applicant's presentation of an
original source document as provided in this subpart, and must be verified as specified in 37.13.
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.
37.25 Renewal of REAL ID driver's licenses and identification cards.
(a) In-person renewals. States must require holders of REAL ID driver's licenses and identification
cards to renew their driver's 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 521.274 and 37 Texas Administrative Code 15.59 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 521.101(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.
Transportation Code 521.274 and 37 Texas Administrative Code 15.59 govern the

(2) The State must reverify the renewal applicant's SSN and lawful status through SSOLV and SAVE,
respectively (or other DHS-approved means) as applicable prior to renewing the driver's 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.
Transportation Code 521.274 and 37 Texas Administrative Code 15.59 governs the
(3) Holders of temporary or limited-term REAL ID driver's licenses and identification cards must
present evidence of continued lawful status via SAVE or other method approved by DHS when
renewing their driver's license or identification card.
identification card, Texas is in compliance with this requirement. Texas verifies USCIS
and U.S. 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 521.1425 and 521.271
(b) Remote/Non-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.
identification card, Texas is in compliance with this requirement.
(1) The State must reverify the applicant's SSN and lawful status pursuant to 37.13 prior to
renewing the driver's license or identification card.
identification card, Texas is in compliance with this requirement.
(2) The State may not remotely renew a REAL ID driver's 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 applicant's presentation of an original source
document as provided in Subpart B, and must be verified as specified in 37.13.
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.

37.27 Driver's licenses and identification cards issued during the age-based enrollment
period.
Driver's 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 37.5. 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
37.29 Prohibition against holding more than one REAL ID card or more than one
driver's license.
(a) An individual may hold only one REAL ID card. An individual cannot hold a REAL ID driver's
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 driver's license,
(1) A State must check with all other States to determine if the applicant currently holds a driver's
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 driver's 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 driver's license or REAL ID
identification card issued by the prior State pursuant to State law, regulation or procedure.
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
driver's license or identification card in another State.
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 driver's license or identification card issued by the prior State pursuant to State law,
regulation or procedure.
this regulation.
Subpart COther Requirements
37.31 Source document retention.
(a) States must retain copies of the application, declaration and source documents presented under
37.11 of this Part, including documents used to establish all names recorded by the DMV under
37.11(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 37.41(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
Departments 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.
identification card, or applicant data, and all identity and lawful presence documents,
(2) States that choose to transfer information from paper copies to microfiche must retain the
microfiche for a minimum of ten years.
(3) States that choose to keep digital images of source documents must retain the images for a
minimum of ten years.
(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.
(b) States using digital imaging to retain source documents must store the images as follows:
(1) Photo images must be stored in the J oint Photographic Experts Group (J PEG) 2000 standard for
image compression, or a standard that is interoperable with the J PEG 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. Texas 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.
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.
identification card applicant photographs in JPEG format.
(c) Upon request by an applicant, a State shall record and retain the applicant's name, date of birth,
certificate numbers, date filed, and issuing agency in lieu of an image or copy of the applicant's 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 applicants name, date of birth, certificate numbers, date
filed, and issuing agency in lieu of an image or copy of the applicants birth certificate.
37.33 DMV databases.
(a) States must maintain a State motor vehicle database that contains, at a minimum
(1) All data fields printed on driver's 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 Departments
Office of General Counsel.
(2) A record of the full legal name and recorded name established under 37.11(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 Departments
Office of General Counsel.

(3) All additional data fields included in the MRZ but not printed on the driver's license or
identification card; and
This is not applicable because Texas Transportation Code 521.126 restricts the data in
the MRZ to the information that is on the face of the driver license or identification card.
(4) Motor vehicle driver's histories, including motor vehicle violations, suspensions, and points on
driver's licenses.
(b) States must protect the security of personally identifiable information, collected pursuant to the
REAL ID Act, in accordance with 37.41(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 U.S.C. Chapter 123 and to protect the
interest of an individual in the individuals 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 DSecurity at DMVs and Driver's License and Identification Card Production
Facilities
37.41 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 37.55.
(b) Security plan contents. At a minimum, the security plan must address
(1) Physical security for the following:
(i) Facilities used to produce driver's 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 and/or 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 Driver's Privacy Protection Act, 18 U.S.C.
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 37.15,
including a description of the State's 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 37.45 of this part.
(iii) Controlled access systems.
(5) Periodic training requirements in
(i) Fraudulent document recognition training for all covered employees handling source documents
or engaged in the issuance of driver's 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) Emergency/incident 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 driver's 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.
37.43 Physical security of DMV production facilities.
(a) States must ensure the physical security of facilities where driver's licenses and identification
cards are produced, and the security of document materials and papers from which driver's 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 37.41.
37.45 Background checks for covered employees.
(a) Scope. States are required to subject persons who are involved in the manufacture or production
of REAL ID driver's licenses and identification cards, or who have the ability to affect the identity
information that appears on the driver's license or identification card, or current employees who will
be assigned to such positions (covered employees or covered positions), 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 37.41(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 FBI's 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 1572.103(a).
(ii) Interim disqualifying criminal offenses. The criminal offenses referenced in 49 CFR 1572.103(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 U.S.C. 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 State's 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 U.S.C. 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
aener.t CcunHI
Comptroller ol Public AccCI..W'Its
ElllleSC possible dele olldopli<ln: J\lnt 1. 2014
Fer further Information, pkase cal: (512) 47$-0-387

TITLI!: 37. l'UllUC SAFI!:TY AND COURI!C-
TIONS
PART 1. TEXAS DEPARTMENT OF
PUBLlC SAFETY
CHAPTER 15. DRIVER LICENSE RULES
SUBCHAPTER B. Al'l'UCATION
REQUlREMENTS--ORJOINAL-, RENEWAL,
DUPLICATE. TDEi\'TIFICATION CERTIFICATES
J7TAC 15.45
The Texas Department of Pubhc Satety ()he departm<tnl) p<O
po&e5 amondmerU to 15.45, conownmg Thumbpnnts OriYtN
li censes 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 de-
partment muM produeoa reeognizably 10hablo oourco of ldenb
and, at the sarre time. reduce expo5Ure to identity theft
and A c*Net licen&e or identification Cllrd il often used by
linanoal lnstrlubOns, retauletS., law enfcernent,. and othef enti-
ties to tablioh t11e cordholde(s idenoty. To thioend, the depart-
trent has put in place several applca6on requirements meant to
eddre&l iuue of fraud and to protect the lntegn1y of a dmer I
cense or identJfacaOOn card issued by the department
The department received appropnotions to enhance rts Image
VerifiCation Sys1em capab1lrbes under Texas Transportabon
Code. 521.0541 Tl1ese amendments ate propoSed to rellec:t
this enhanc:ement
0el'ltlse Hudson, Assis-ant O.rector, Fmanee, has determi ned
that for each year of the fir&t fNe-year penod thio rule is in effect
there Will be no fiscaJ ii""C)Iicaoons for state local gcwemment
Of local econom1e1
Ms. Hudson has also deteri'T'Ined that thece v.11 be no adverse
econon'ic effect on srraU busines.&e$ or mee-ro-bu$1neaeS r
quired to comply with the rule as proPO$ed There is no antici-
pated econornec cost tc wno are requhed to oompty
v.th the ruae a.s proposed. There is no anticipated negative im-
pact on local emptoymont
In add1tion M1 Hudlon has also determined that fOf eoc:h year
of the fst fNe-year period this rule is in eect, the p<Allic bene-
fit enbcipnted as a re11.l of enfc:rdng this rule 'Mil be improved
rebbihty of 1dentrlicatic:n :hat 'Mll reduce Texas res-
Ident's eposure to lderlbly theft and fraud and Increase tl1e In-
tegrity and $eCUrity of the driver lioense proe>e$$
The department has detemned thai this p<oposal Is not a
"major enviroM'M!ntal as delin6d by Texas Goemment
Code, 2001 0225, erw1ronmental rule* means a rule the
specifiC intent of 'Nhich i$ to ptotect tt1e environmenl or reduce
rlsks b hurmn 1\eatth hom envlronnental exposure that rmy
adversely affect. in a m.nerial way, th-e economy, a sector of the
economy, p<oduct>vrty. compet4ron. jobs, the envrronrrent 01the
39 Texl?eg 3568 May 2, 20/.1 Texas l?egiJier
pubic health and safety ol a state or a sector of the state This
proposal rs not speclfw;alty intended to pro4ect the erwonment
or reduce nsks to human health from exposure.
The deportment hiS determined that Chepte< 2007 Of the Te ..
Goverrwnent Code does not apply to this proposed, Accordingly.
the depanment Is noc reqwed to oomplete o toklngslmpoct U
sessment.
on thiS proposal may b6 &ubmtted to Jan.e Smth,
Ofiver Licen&e Oivilion, Texas Oepa<tment of PUblic Safety, PO
Box 4087 (MSC 0000). Texas 78773, by fox to(512) 424-
5233; Of by emoi to OI.Orulocommonts@dp5 t .. ugov Com-
ments 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,
411.004(3). -...,ich utnorizes tho Public Sfety C<>rrmssion to
adopt rules conskleted necessary for carrying out the depart
menro 'M)<k, Texas TransponatJOn Code, 521 005, -...,lch
the department to adopt rules to administer Chaptet"
521 of the Code, andToxas Transportation Code,
521.142, which a!Alorizes the department to $E!l criver lioeflse
and card Identity fequr-ementa
ToxasGove<nmont Code, 411 004(3) and Texas Transportation
Code. Chapter 521 ore oftecled by this proposol
1 J.J.t Ft1gnvrlm.J JTittJMJIJif'ftHLI]
An Jpplicahon tbr oqgin.ll, rmewtLI.. or dupticali! .nu license
or J)!IKclal. dcllttfioabot uuN include tb; fiJJterpunls
ofthcwfioont [.,ifthttlrumbpm"*..,..,. be'""""'
IIlia I 11('-tX fi I l@t!llWiRIS of thl '1111 $1-'CIIOl nC!t :ipply 10
nn applica.nl t1lo is permitt-ed o.nd an nJtmllli\t me1hod for
rellt'tl,. or ck.lpli(11UJ'@ dnver cr
The agency certties that tegal has fevtewed the pro
posal and foond It to be Within the state agency's legal authority
to adopt
Filed With the Otrooo oflhe of State on Apri 16, 2014
TR0.201401&16
0 Pl.illlp Ac1kJn I
General Cc.uasef
Tens Oepertment ol
E1titst polSible elite of adoption: Juno 1, 2014
Fer further lnfOrmetion. please cal . ( 512) 424-584-&

SUBCHAPTER C. EXAMINATION
REQUIREMENTS
37 lAC 15.62
The Texas Department of PubliC Salety (the depanmenl) p<o-
po&eo new 15 62, coooemlng Adldtionol Req11remento f<X Ex-
arrinabOfls. Texas TransportabOn Code. 521. 142(e) authof"izes
adldl:ionol requlrennonts to p<ovo competency and ellgiltlity fof a
driver ioense il.nd 521.005 authorizes the to iitclopt
1ules to admniSter the chapter This N .. i$ necess1ry eo lnfOfm
the publiC t:l the requirement foJ applteants under 18 years of
age to complete the Impact Texas Teen OrNS program
Dense Hodson, Assistant Director, Finance. ha:s 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 la:al eoonom.es
Th& Texas Department of Pllblle Safety (the department) adopts
omendmento to4 11, oonoomi"41 Genenol Applicobolityond Def
initions. This section isadoptedv-.4thout changes to the proposed
text es published in the May9, 2014, Mue of the Tttxas Register
(39 TexReg 36M) ond will not be republiShed
These amendments ore ne<le$S8JY to harmonize updates In Title
49, Code of Feceral Regulations With those laws adopted by

No oomments - received regarding lhe adop<ion of these
amendment&.
These amendments are adopted pursuant to Texas T1anspotta.
Von Code, 644.051, wt.ich autOOrizfi thedireaortoadopt rules
regulating the sal$ of hazordOVs mote rials and the
safe operation ofconvnercial rrotor vehicles; and at1horizes the
dorector to adOpt all 0< pM of the federol Qfety regula110no. by
reference.
Th& agency that legal counsel has the adop-
tion and found 10 be a valid <O<ercis4 of lhe agency's legal au
lhonty.
Flied IMlh the OWICe of lhe Secretary of State oo June 16, 2014.
TRD-201402186
0 PM!Ip Adkins
Gen.,.l CcunMI
Telftt Ot'*lment Of PubiC S.let}t
Bredivo dtle: Jul)' &. 2014
Mly9, 201 4
for further infocmation. please cal L (512)

CHAPTER DRJ VER LICENSE RULES
SUBCHAPTER B. APPLICATION
REQUIREMENTS--ORIGINAL. R:--iEWAL.
DUPLICATE, IOENTIFlCA'nON CEimFICATES
J7 TAC
The Texas Oepllltmenl of Public Safety (the departmen9 adopts
the amendments" 15.45, c:onoerning Ftngerprints, This sec-
loon os odopt&d """<M chongn to the p<oposed U!xt 01 pub
bhed on lheMay2. 2014, ossoealhe Texa.sRegisle<(39TexReg
3568) and will net be republhed.
Orrves licenws o ldentrficaboll cards issued by the department
010 a key to public safety, prwocy, and notiOnal seoumy. For
the safety, securty, and peace of mind of Texas resident&. the
department must produce a recognl,zabl)' retiatlte s.ourceot idl!m
tification and, at tl'le same bme,. reduce exposure t) idel"tity theft
and fraud. A driiiO< license ex icentlflcatlon card Is olton used by
financial instituticns, retailef5, taw enforcement. and other
toes to establish tile cardholde(old&nbty. To lhis end, the depart.
ment ha:s put in Pace several application requirements meant to
address i.uues d troud and to protect the tntegrity of a drtvet II
oense or identi'lcabon card i ssued by the department,
No comments 'c'lefe received regardi ng the adoption ot this
amendment.
This amendmem is adopted pursuant to Texas Gcwernment
Code, 411.00413) , which autho<lzes the Public Safety Com
mission to adopt rules considered neoessary f<>f carrying out
the department's work. Texas Transportatoon Code, 521.005,
which authonzes the d&partment to adopt rules to administer
Chapter 521 of the Tran5PQrta1ion Code, and Texas Trsnsporta
t10n Code. 521.142, whk:h authooizes lhe department to set
driver license and identlfM;UtiOO card identiy requirements
The agency cerbfteS that legal counsel has revewed the adop
toon and found to be o volid exe<clse of the agency's l&gal
ttoonty.
Foled with lhe Offoc:e of lhe Secretary a State on June 16, 2014.

0 Ploollp Adtlln
General Coon SA!&
Tuu Otf*lment Of Public Safety
EtfecbW date: July 6, 2014
F>oposol pOOI<ICICifl ,... Mty 2. 2014
FOt 1\Jfther infonnetlon., please can- (512) 42<f..S848

SUBCJIAPTR C.
REQUIREMENTS
J7 TAC 15.61

EXAMINATION
The TeXO$ Department ol Public Safety (the department) ac!opto
new 15.S2, ooncemlng odditoona.l requir-nts IO< exomina
t100S. This section is adopted Vfith changes to the proposed text
as pubhshed., the May 2, 2014, iuueoflhe Texo RegJSt.,(39
TexReg 3568) and Will be repubkshed.
Texas TransportabOO Code, 521.142(o) authooizes addOOilal
requirements 10 prove OO"l)etency and eligilili!y 10< a drive< fi
cense, and 521.005 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
The department ac:cepted c:omments on the ptoposed rules
through June 2. 2014. \11\'ilten oomments -e submtted by
cartos Reyna, representing Texas DrMng School. One v.otding
change waa made based on the receNed The
COI'I"l"neflts. as well as the department's thereto, are
a.urrrnallzed below.
COMMENT: Regardl'lg the authonzation to develop newrequ11e
ments for obtaining a dm er n Texas, Mr. Reyna chal-
le"4jeslhe departmenrs oulhority to devtlot> the rule requlrong
completion of the l mpciK:t Texas Teen OrN"er (ITTO) prograrT\
ltatlng thai the pcr.Ner to develop new belongs to
the Texa$ l eQISiature.
RESPONSE: The departm&nt dosagrees -..lth this comm&n1
Transportation Code, 521.142(e) p<ovides lhe atAilority for
the departmert to teqwre other lnfOTTatlon to detefrrlne the
applicant's eligb ility as required by the department Of sbJte law.
COMMENT: Mr. Reyno reoommended that the department pro-
vide ac!ditlonal rnformotoon about rule pooposaiS ond lheriHmak
ing available to the pubfic iilnd c;:ontends that the depart
ment hot exceeded rutemo king authority in propoorng 1 5 S2
RESPONSE: The department disagrees with this comment The
department follows lhe rulemokl ng process established by state
law and the Texas Secretary of State The rulemaking authority
to admlnlsU!r Transportation Code, Cl\apteo 521 Is granted by
the legislature under T"'nsportation Code, 021 .005.
ADOPTED J?UJ.ES July4, 20/.1 J91'exl?eg 5191

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Sec. 521.142. APPLICATION FOR ORIGINAL LICENSE. ( a) An

Sec. 521.059. IMAGE VERIFICATION SYSTEM. ( a) The

Texas Administrative Code

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