88S30966 SCP/MZM-D
	By: Hall	S.B. No. 81

Statutes affected:
Introduced: Government Code 411.142, Transportation Code 521.025, Transportation Code 521.029, Transportation Code 521.030 (Government Code 411, Transportation Code 521)

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain laws that regulate aspects of illegal
	immigration in this state, including laws pertaining to the DNA
	records of certain persons subject to an immigration detainer
	request, the recognition of certain out-of-state driver's
	licenses, inviting certain federal agencies to participate on the
	homeland security council, the reporting of certain uncompensated
	hospital care costs, and certain requirements for participation in
	the E-verify program; increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  DNA RECORDS OF CERTAIN PERSONS SUBJECT TO IMMIGRATION
	DETAINER REQUEST
	SECTION 1.01.  Article 2.251(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  A law enforcement agency that has custody of a person
	subject to an immigration detainer request issued by United States
	Immigration and Customs Enforcement shall:
	(1)  comply with, honor, and fulfill any request made
	in the detainer request provided by the federal government; [and]
	(2)  inform the person that the person is being held
	pursuant to an immigration detainer request issued by United States
	Immigration and Customs Enforcement; and
	(3)  require the person to provide one or more
	specimens for the purpose of creating a DNA record.
	SECTION 1.02.  Section 411.142(g), Government Code, is
	amended to read as follows:
	(g)  The DNA database may contain DNA records for the
	following:
	(1)  an individual described by this subchapter,
	including Section 411.1471, 411.148, or 411.154;
	(2)  a biological specimen that is legally obtained in
	the investigation of a crime, regardless of origin;
	(3)  results of testing ordered by a court under this
	subchapter, Article 64.03, Code of Criminal Procedure, or other law
	permitting or requiring the creation of a DNA record;
	(4)  an unidentified missing person, or unidentified
	skeletal remains or body parts;
	(5)  a close biological relative of a person who has
	been reported missing to a law enforcement agency;
	(6)  a person at risk of becoming lost, such as a child
	or a person declared by a court to be mentally incapacitated, if the
	record is required by court order or a parent, conservator, or
	guardian of the person consents to the record; [or]
	(7)  an unidentified person, if the record does not
	contain personal identifying information; or
	(8)  a person who is:
	(A)  subject to an immigration detainer request
	issued by United States Immigration and Customs Enforcement; and
	(B)  in the custody of a law enforcement agency in
	accordance with Article 2.251, Code of Criminal Procedure.
	ARTICLE 2.  CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT RECOGNIZED
	SECTION 2.01.  Section 521.025, Transportation Code, is
	amended by amending Subsection (c) and adding Subsection (c-1) to
	read as follows:
	(c)  A person who violates this section commits an offense.
	Subject to Subsection (c-1), an [An] offense under this subsection
	is a misdemeanor punishable by a fine not to exceed $200, except
	that:
	(1)  for a second conviction within one year after the
	date of the first conviction, the offense is a misdemeanor
	punishable by a fine of not less than $25 or more than $200;
	(2)  for a third or subsequent conviction within one
	year after the date of the second conviction the offense is a
	misdemeanor punishable by:
	(A)  a fine of not less than $25 or more than $500;
	(B)  confinement in the county jail for not less
	than 72 hours or more than six months; or
	(C)  both the fine and confinement; and
	(3)  if it is shown on the trial of the offense that at
	the time of the offense the person was operating the motor vehicle
	in violation of Section 601.191 and caused or was at fault in a
	motor vehicle collision that resulted in serious bodily injury to