The state of Texas will not issue a driver license and a state identification card simultaneously. It also forbids carrying multiple in-state license/IDs, recommending destruction of the prior card after receipt of a new/renewed card. However, I still have a state identification card issued by another US state. Is it legal to carry the out-of-state ID card alongside a form of Texas identification?

  • A reference to the full-text of the simultaneous-identification regulation might clear this up, but I didn't see it in simple searching. Additionally, I'm surprised that the tag [identification] doesn't yet exist, though questions on that topic might happen more on Travel.SE. – user2943160 Aug 31 '16 at 23:41
  • codes.findlaw.com/tx/transportation-code/… subsection 3 looks like part of it... – aidanh010 Dec 20 '16 at 20:54
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    @aidanh010 it seems that the law may have been amended, because I expect that you're trying to identify that which is now subsection 4: "possess more than one currently valid driver's license or more than one currently valid certificate" – phoog Jan 22 '19 at 22:44
  • Is the out-of-state ID card REAL ID compliant? – Dave D Jan 22 '19 at 23:40

Federal Code of Regulations (37.29) Prohibits holding more than one REAL ID card or more than one driver's license:

(a) An individual may hold only one REAL ID card. An individual cannot hold a REAL ID driver’s license and a REAL ID identification card simultaneously. Nothing shall preclude an individual from holding a REAL ID card and a non-REAL ID card unless prohibited by his or her State.

If the out-of-state identification card is REAL ID compliant then it is illegal at the Federal level to hold both that ID card and a REAL ID compliant driver's license.

The State of Texas has been producing REAL ID compliant driver's licenses since 2016.

The State of Texas is required, when issuing a REAL ID compliant driver's license, to check if the recipient holds a REAL ID card issued by another state. If so, then Texas is required to take steps to confirm that the ID card from the other state has been, or is being, terminated.

Section 521.009 of the Texas Transportation Code defines two types of certificates: election identification certificate and personal identification certificate.

Under Section 521.451, it is a general violation to possess more than one driver's license OR more than one valid certificate.

Section 521.183 states that a person only has to surrender identification certificates issued by Texas in order to get a driver's license.

This would seem to imply that it is not necessary to surrender, under Texas law, an ID card issued by another state in order to get a Texas driver's license.

Some states, such as California, issue both REAL ID compliant and non-compliant driver licenses and ID cards. The recipient decides which type of card is issued.

From the Department of Homeland Security FAQ regarding non-citizens:

REAL ID allows compliant states to issue driver's licenses and identification cards where the identity of the applicant cannot be assured or for whom lawful presence is not determined. In fact, some states currently issue such noncompliant cards to undocumented individuals. These cards must clearly state on their face (and in the machine readable zone) that it is not acceptable for official purposes and must use a unique design or color to differentiate them from compliant cards. DHS cautions against assuming that possession of a noncompliant card indicates the holder is an undocumented individual, given that several states issue noncompliant licenses for reasons unrelated to lawful presence.

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  • This is not irrelevant, but those regulations to not apply to individuals, they apply to states and territories that issue federally-acceptable ID. So it would be illegal to issue a second ID, but not illegal to possess a second ID, under 6 cfr 37.29. Check the applicability section, §37.1. – user6726 Jan 23 '19 at 1:34

In response to the link in the comment to subsection 3 of http://codes.findlaw.com/tx/transportation-code/transp-sect-521-451.html, that says

display or represent as the person's own a driver's license or certificate not issued to the person

This doesn't seem to apply to the question. However subsection 4 states:

possess more than one currently valid driver's license or more than one currently valid certificate

Assuming "certificate" means ID card, then it seems to clearly say you can have one of each. If Certificate is not an ID, then there is nothing specifically stating you can't have both.

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  • How is the reputation system relevant to your answer? – user6726 Jan 22 '19 at 21:16
  • Irrelevant meta commentary does not belong in answers. Please do not use codeblock for something that is not actual code. Quoteblock is appropriate for quotes, and emphasis/italic can be used otherwise. – Nij Jan 22 '19 at 21:58
  • @user6726 presumably because DJFriar wanted to post this information in a comment, but was unable to do so because of insufficient reputation. – phoog Jan 22 '19 at 22:46

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