A new rule issued by the Texas Department of Public Safety on Oct. 1 aims to cut down on the number of foreign nationals using Texas drivers licenses as “proof” of being here legally.

“Temporary visitor” is now required to be stamped on driver’s licenses issued to foreign nationals who qualify for a license, following the implementation of the new rule. According to a press release from Gov. Rick Perry, licenses and state ID cards for international visitors would be vertical (the style also used for drivers under the age of 18) rather than the standard horizontal arrangement, providing for an easier-to-distinguish look. The licenses would also feature a more prominent expiration date, among other cosmetic changes.

The new rule requires non-U.S. citizens to present proof they are in the country legally before being issued an original, renewal or duplicate Texas driver license or identification card. The license or ID card would be canceled if the cardholder is unable to present valid documentation that shows federal approval to remain in the U.S.

The Oct. 3 edition of LSR featured a story on an alleged discrepancy between state statute and the transportation code regarding what documents are acceptable as proof of legal U.S. residency. At a Sept. 25 Sunset Advisory Commission hearing, Rep. Linda Harper Brown (R-Irving) questioned DPS driver license division chief Judy Brown as to whether a matricula consular document from a Mexican consulate is acceptable proof of legal visitor status.

A matricula consular is a Mexican-issued identification card containing photo and a serial identification number, showing that the bearer is a Mexican national living outside Mexico.

Under a DPS rule, a document from a foreign consular office may be presented as proof of residency for obtaining a Texas driver’s license. However, under state statute, a matricula consular document is not listed as acceptable proof, and the applicant must have a driver’s license from Mexico.

DPS spokesperson Tela Mange said the department began accepting the matricula consular as a supporting document in response to legislative interest and comment to an identification policy rule in 2002.

“There have been several legislative attempts to require the department to accept the matricula consular as a primary or stand alone identity document,” Mange said.

Mange said the Texas Legislature may at some point consider a requirement that an applicant prove an established residency in Texas and provide documentation or some other verification as support. Additionally, a requirement may be considered to limit the term of a driver license to a shorter period for individuals living at a temporary address.

Perry said the new standards could be a matter of national security. He noted the 9/11 hijackers had valid state driver’s licenses (not from Texas). While Perry did not specifically address elections integrity, he said the tighter restrictions would cut down on fraud in general.

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