88R8355 JCG-D     By: West S.B. No. 1551       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the criminal offense of failure to   identify; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.02, Penal Code, is amended by adding   Subsections (b-1), (b-2), (d-1), and (f) and amending Subsection   (c) to read as follows:          (b-1)  A person commits an offense if the person:                (1)  is an operator of a motor vehicle, as defined by   Section 32.34, who is lawfully detained by a peace officer for an   alleged violation of a law;                (2)  fails to provide or display the person's driver's   license on the officer's request for the license; and                (3)  intentionally refuses to give the person's name,   driver's license number, residence address, or date of birth to the   peace officer on the officer's request for that information.          (b-2)  For purposes of Subsection (b-1)(3), giving a peace   officer a residence address that is different from the address   associated with the person's driver's license does not constitute a   refusal to give the person's residence address in violation of that   provision if the address given to the officer is the person's actual   residence address.          (c)  Except as provided by Subsections [Subsections] (d) and   (d-1) [and (e)], an offense under this section is:                (1)  a Class C misdemeanor if the offense is committed   under Subsection (a) or (b-1); or                (2)  a Class B misdemeanor if the offense is committed   under Subsection (b).          (d-1)  An offense under Subsection (b-1) is a Class B   misdemeanor if it is shown on the trial of the offense that the   actor gave a false or fictitious name to the peace officer during   the commission of the offense.          (f)  Subject to Subsection (e), if conduct that constitutes   an offense under Subsection (b-1) also constitutes an offense under   any other law, the actor may be prosecuted under that subsection,   the other law, or both.          SECTION 2.  This Act takes effect September 1, 2023.