2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter E. Classification of Certificates › Section 521.101. Personal Identification Certificate

Sec. 521.101.  PERSONAL IDENTIFICATION CERTIFICATE.  (a)  The department shall issue personal identification certificates.
(b)  A personal identification certificate must be similar in form to, but distinguishable in color from, a driver's license.
(c)  The department shall indicate "UNDER 21" on the face of a personal identification certificate issued to a person under 21 years of age.
(d)  The department may require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department the information required by Section 521.142.
(d-1)  Unless the information has been previously provided to the department, the department shall require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department:
(1)  proof of the applicant's United States citizenship; or
(2)  documentation described by Subsection (f-2).
(e)  The department may cancel and require surrender of a personal identification certificate after determining that the holder was not entitled to the certificate or gave incorrect or incomplete information in the application for the certificate.
(f)  A personal identification certificate:
(1)  for an applicant who is a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States, expires on a date specified by the department; or
(2)  for an applicant not described by Subdivision (1), expires on:
(A)  the earlier of:
(i)  a date specified by the department; or
(ii)  the expiration date of the applicant's authorized stay in the United States; or
(B)  the first anniversary of the date of issuance, if there is no definite expiration date for the applicant's authorized stay in the United States.
(f-1)  A personal identification certificate issued to a person whose residence or domicile is a correctional facility or a parole facility expires on the first birthday of the license holder occurring after the first anniversary of the date of issuance.
(f-2)  An applicant who is not a citizen of the United States must present to the department documentation issued by the appropriate United States agency that authorizes the applicant to be in the United States.
(f-3)  The department may not issue a personal identification certificate to an applicant who fails or refuses to comply with Subsection (f-2).
(f-4)  The department may not deny a personal identification certificate to an applicant who complies with Subsection (f-2) based on the duration of the person's authorized stay in the United States, as indicated by the documentation presented under Subsection (f-2).
(g)  An individual, corporation, or association may not deny the holder of a personal identification certificate access to goods, services, or facilities, except as provided by Section 521.460 or in regard to the operation of a motor vehicle, because the holder has a personal identification certificate rather than a driver's license.
(h)  The department shall automatically revoke each personal identification certificate issued by the department to a person who:
(1)  is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and
(2)  fails to apply to the department for renewal of the personal identification certificate as required by Article 62.060 or 62.2021, Code of Criminal Procedure, as applicable.
(i)  The department may issue a personal identification certificate to a person whose certificate is revoked under Subsection (h) only if the person applies for an original or renewal certificate under Section 521.103.
(j)  The department may not issue a personal identification certificate to a person who has not established a domicile in this state.
(k)  Except as provided by this section, a personal identification certificate issued under this chapter:
(1)  must:
(A)  be in the same format;
(B)  have the same appearance and orientation; and
(C)  contain the same type of information; and
(2)  may not include any information that this chapter does not reference or require.
(l)  The application for the personal identification certificate must provide space for the applicant:
(1)  to voluntarily list any information that may qualify the applicant to receive a personal identification certificate with a designation under Section 521.102; and
(2)  to include proof required by the department to determine the applicant's eligibility to receive that designation.
(m)  The department shall adopt procedures for the issuance of a personal identification certificate to a person who surrenders the person's driver's license at the time of applying for the certificate.  The procedures:
(1)  must be in compliance with federal guidelines governing the issuance of identification documents;
(2)  may require the person issued a personal identification certificate to update information previously provided to the department under Section 521.142;
(3)  except as provided by Subdivision (2), may not require a person to provide additional identification documents unless required for compliance with federal guidelines described by Subdivision (1); and
(4)  must require that the person issued a personal identification certificate be:
(A)  notified that the person's voter registration information will need to be updated to include the identification number of the newly issued certificate; and
(B)  provided an opportunity to update the person's voter registration information at the time of applying for the certificate to include the identification number of the newly issued certificate.
(n)  The department shall adopt procedures to allow a person who is 65 years of age or older and possesses a driver's license that is compliant with the federal REAL ID program to apply for a personal identification certificate online or by phone if the person surrenders the person's driver's license in a manner prescribed by the department.  The procedures:
(1)  must be in compliance with federal guidelines governing the issuance of identity documents; and
(2)  may require the person issued a personal identification certificate to update information previously provided to the department under Section 521.142.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.75(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1372, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1401, Sec. 5, eff. Sept. 1, 2000.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.12, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 13.03, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1288 (H.B. 2161), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 72.03, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 396 (S.B. 164), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1280 (S.B. 1934), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 34, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 957 (S.B. 1936), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1142 (H.B. 377), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1288 (H.B. 2092), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 681 (H.B. 1275), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1086 (S.B. 975), Sec. 1, eff. September 1, 2023.