88R21920 AJZ-D     By: Canales, et al. H.B. No. 71     Substitute the following for H.B. No. 71:     By:  Guillen C.S.H.B. No. 71       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a program for the issuance of   digital identification; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 7, Transportation Code, is   amended by adding Chapter 526 to read as follows:   CHAPTER 526. DIGITAL IDENTIFICATION PROGRAM          Sec. 526.0101.  DEFINITIONS. In this chapter:                (1)  "Department" and "driver's license" have the   meanings assigned by Section 521.001.                (2)  "Digital identification" includes a digital   driver's license, a digital personal identification certificate, a   digital handgun license, and a digital hunting or fishing license.                (3)  "Handgun license" means a license to carry a   handgun issued under Subchapter H, Chapter 411, Government Code.                (4)  "Hunting or fishing license" means a noncommercial   hunting or fishing license of any type issued by the Parks and   Wildlife Department, including:                      (A)  a hunting license issued under Chapter 42,   Parks and Wildlife Code;                      (B)  a fishing license issued under Chapter 46,   Parks and Wildlife Code; or                      (C)  a combination hunting and fishing license   issued under Chapter 50, Parks and Wildlife Code.          Sec. 526.0102.  DIGITAL IDENTIFICATION PROGRAM. (a) The   department, in consultation with the Parks and Wildlife Department,   by rule shall establish a program for the issuance of digital   identification.          (b)  In establishing the digital identification program, the   department shall:                (1)  assess existing department infrastructure and   upgrade department infrastructure according to the department's   findings;                (2)  provide a digital identification solution that:                      (A)  is capable of presenting digital   identification on a wireless communication device that:                            (i)  must include the information included   on a driver's license, as described by Section 521.121(a); and                            (ii)  may include, as applicable:                                  (a)  the information included on a   handgun license, as required by Subchapter H, Chapter 411,   Government Code; and                                  (b)  the information included on a   hunting or fishing license, as required by the Parks and Wildlife   Code, including a stamp or other authorization issued by the Parks   and Wildlife Department in connection with the hunting or fishing   license;                      (B)  includes an authentication and verification   process for a wireless communication device; and                      (C)  may be used in any location regardless of the   location's level of wireless connectivity or cellular telephone   service;                (3)  deploy the digital identification solution; and                (4)  implement any procedures necessary to allow law   enforcement officials to accept digital identification.          (c)  The department may contract with a third party to   establish the program described by this section if the contract is   at no cost to the department.          (d)  The department may charge a fee for the issuance of   digital identification under this section to offset the   department's costs in establishing and implementing the program   under this section.          (e)  Digital identification issued under this section may   not be used for voting purposes.          SECTION 2.  (a)  The Department of Public Safety by rule   shall establish the digital identification program under Chapter   526, Transportation Code, as added by this Act, not later than   February 1, 2025.          (b)  If before implementing any provision of this Act the   Department of Public Safety determines that a waiver or   authorization from a federal agency is necessary for the   implementation of that provision, the Department of Public Safety   shall request the waiver or authorization and may delay   implementing that provision until the waiver or authorization is   granted.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.