Lawmaker wants new driver's license rule dropped

DALLAS (AP) - A state lawmaker wants Texas license officials to rescind a new policy requiring non- U.S. citizens to prove they live legally in the country before receiving a Texas driver's license or identification.

State Rep. Ruth Jones McClendon sent a letter Friday to Public Safety Commission chair Allan Polunsky asking for revocation of the administrative rule until the Legislature considers it. McClendon, D-San Antonio, writes that the rule is a major policy decision that should not be initiated as a part of agency rulemaking.

Under the guideline, the Department of Public Safety will require immigration documents that prove a person's lawful status before issuing or renewing a driver's license or identification card.

'I am fairly certain that your agency officials are aware that the Legislature sets policy for the state through legislation and that agency rules are for the implementation of policies approved by the elected officials in the Texas House and the Senate,' McClendon writes in the letter. 'It seems that we now have the 'cart before the horse.''

DPS spokeswoman Lisa Block was not aware if Polunsky had received the letter and could not immediately comment Friday.

The Public Safety Commission, which oversees DPS, asked for the guideline, saying it was necessary to verify people's residency in the state, enhance security and deter fraud and misrepresentation, according to documents.

The rule took effect this month with little notice after being adopted in August.

It brings Texas closer to complying with the federal REAL ID Act, DPS has said. The act requires states to issue drivers licenses to U.S. citizens or legal immigrants or create specially marked licenses if they are issued to people who cannot prove they are in the country legally.

As part of the new rule, those who are not legally in the country or who overstayed without permission cannot get a driver's license or identification card.

A person must show the immigration status has been extended or updated to receive a duplicate or renewal identification or driver's license, according to DPS.

The agency will not issue identification or driver's licenses to applicants who have permission to be in the U.S. for less than six months.

'That means these persons will be driving without qualifying for a Texas license and without required liability insurance. This presents an unacceptable risk of loss to other drivers in terms of bodily injury and property damage,' McClendon writes in the letter.

Immigrant advocates have the same concern and worry the change is yet another hurdle for immigrants — whether legal and illegal.

For example, legal permanent residents would receive a card stamped with the word 'Temporary Visitor' even though their status as 'green card' holder does not expire and eventually allows them to apply for U.S. citizenship.