YOU DECIDE-Is DPS Violating Texas Law?

Since January of 2014, the Texas Department of Public Service (a very powerful bureaucracy) has been collecting fingerprints of all 10 digits to obtain an original driver license, renewal of driver license, or a duplicate driver license. This change also applies to the photo I.D. cards obtained through DPS.5-5-05 HSE Chamber-2nd reading

Texas law reads:
(b) The application must include:(1) the thumbprints of the applicant or, if thumbprints cannot be taken, the index fingerprints of the applicant

YOU DECIDE whether the legislative intent was to extend the thumbprint collection to all 10 digits. Watch the videos…

In 2005 the Legislature passed HB 2337, establishing the Image Verification System – requiring DPS to authenticate the facial image and thumbprints (or fingerprints when thumb is not available) provided by an applicant.

YOU DECIDE whether the Legislature had intent for the collection of all 10 digits for a driver license.

The Legislative Intent

In 2005 HB 2337 was authored by Rep. Frank Corte and sponsored in the senate by Sen. Todd Staples.

March 31, 2005
House Committee on Defense Affairs & State-Federal Relations meeting, the Committee Chair laid out HB 2337 (begins at1 hr., 35 min. mark). HB 2337 was discussed for 1 hour and 10 minutes total. http://tlchouse.granicus.com/MediaPlayer.php?view_id=23&clip_id=5804
@ 1hr, 37min. Rep. Corte states: “According to the FBI, identity theft is the fastest growing crime in the United States”
“HB 2337 allows DPS to establish an image verification system based on facial imaging technology and thumb fingerprints.

 @2hr. 43min.
Rep. Corte: – This bill does not allow collection of new data, but to allow DPS to use software to compare the photos [data].”

Rep. Corte never mentioned changing the current law from thumbprints to all 10 finger digits.

April 14, 2005
House Committee on Defense Affairs & State-Federal Relations
The chair laid out HB 2337 as pending business. Discussion begins at 47 min. mark.
http://tlchouse.granicus.com/MediaPlayer.php?view_id=23&clip_id=6378
Representative Corte offered a committee substitute, to remove DPS ability to use Identity Verification system to I.D. someone.

Rep. Corte never mentioned changing the current law from thumbprints to all 10 finger digits.

May 5, 2005
HOUSE chamber– 2nd Reading of HB 2337. Begins at 3 hr., 35 min. mark http://tlchouse.granicus.com/MediaPlayer.php?view_id=16&clip_id=5447
@ 3hr. 35 min.
Rep. Corte lays out bill describing it as image verification system based on facial image technology, thumbprints, fingerprints.

Rep. Corte never mentioned changing the current law from thumbprints to all 10 finger digits.

May 9, 2005
HOUSE chamber– 3rd Reading of HB 2337. Begins at 2hr, 47 min. mark
http://tlchouse.granicus.com/MediaPlayer.php?view_id=16&clip_id=5490
HB 2337 was passed.
Rep. Corte never mentioned changing the current law from thumbprints to all 10 finger digits.

May 18, 2005
Senate Committee on Transportation & Homeland Security
Sen. Staples lays out SB 2337 at 9 minute mark. http://tlcsenate.granicus.com/MediaPlayer.php?view_id=18&clip_id=4464
@ 9 min
Sen. Staples said: “picture and thumbprint on file” while laying out the bill.

Sen. Todd Staples never mentioned changing the current law from thumbprints to all 10 finger digits.

May 23, 2005
SENATE Chamber -2nd Reading begins at the3 hr, 51 min. mark http://tlcsenate.granicus.com/MediaPlayer.php?view_id=18&clip_id=4492

Sen. Staples lays out bill, and says the bill “Allows DPS to begin using Image Verification System based on Facial Imaging Technology and thumb fingerprints. This bill will allow DPS to put the pictures and thumbprint to use in the software ….”

On motion of Senator Staples and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
Sen. Todd Staples never mentioned changing the current law from thumbprints to all 10 finger digits.

3rd READING of HB 2337 begins at the 7 hr. 56 min. mark http://tlcsenate.granicus.com/MediaPlayer.php?view_id=18&clip_id=4492
Sen. Todd Staples never mentioned changing the current law from thumbprints to all 10 finger digits.

May 26, 2005
House Chamber
http://www.journals.house.state.tx.us/hjrnl/79r/pdf/79rday78final.pdf#page=19
Representative Corte moved to concur in the senate amendments to HB 2337.
The motion to concur in senate amendments prevailed.
No amendments changed the current law from thumbprints to all 10 finger digits.

HB 2337 was signed by the Governor June 18, 2005, and became effective on September 1, 2005.

DPS is claiming authority under Transportation Code 521.059 which reads:

IMAGE VERIFICATION SYSTEM.
(a) The department shall establish an image verification system based on the following identifiers collected by the department:
(1) an applicant’s facial image; and
(2) an applicant’s thumbprints or fingerprints.

What do you think? Was there ever a question over the 10 digits vs the thumbprint?
If not, then the Transportation Code remains intact and DPS is violating legislative intent.

…see previous article:  DPS Violating Legislative Intent

Any current Committee Chairman can contact the Texas Attorney General and request an opinion on this matter to stop the DPS, however none will do so.

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