Texas state laws give children and youth experiencing homelessness or foster care the right to get their birth certificates and IDs at no cost and without the signature of a parent or guardian. They also can get a driver’s license at no cost.
Birth Record Issued to Foster Child or Youth or Homeless Child or Youth
On request of a child or youth described by this section, the state registrar, a local registrar, or a county clerk shall issue, without fee or parental consent, a certified copy of the child’s or youth’s birth record to:
(1) a homeless child or youth as defined by 42 U.S.C. Section 11434a;
(2) a child in the managing conservatorship of the Department of Family and Protective Services; and
(3) a young adult who:
(A) is at least 18 years of age, but younger than 21 years of age; and
(B) resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services.
Personal Identification Certificate Issued to Foster Child or Youth or Homeless Child or Youth
(a) In this section:
(1) “Foster child or youth” means:
(A) a child in the managing conservatorship of the Department of Family and Protective Services; or
(B) a young adult who:
(i) is at least 18 years of age, but younger than 21 years of age; and
(ii) resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services.
(2) “Homeless child or youth” has the meaning assigned by 42 U.S.C. Section 11434a.
(b) This section applies to the application for a personal identification certificate only for a foster child or youth or a homeless child or youth.
(c) Notwithstanding Section 521.101 (Personal Identification Certificate), Section 521.1426 (Domicile Requirement; Verification), or any other provision of this chapter, a child or youth described by Subsection (b) may, in applying for a personal identification certificate:
(1) provide a copy of the child’s or youth’s birth certificate as proof of the child’s or youth’s identity and United States citizenship, as applicable; and
(2) if the child or youth does not have a residence or domicile:
(A) provide a letter certifying the child or youth is a homeless child or youth issued by:
(i) the school district in which the child or youth is enrolled;
(ii) the director of an emergency shelter or transitional housing program funded by the United States Department of Housing and Urban Development; or
(iii) the director of:
(a) a basic center for runaway and homeless youth; or
(b) a transitional living program; or
(B) use the address of the regional office where the Department of Family and Protective Services caseworker for the child or youth is based.
(d) A child or youth described by Subsection (b) may apply for and the department may issue a personal identification certificate without the signature or presence of or permission from a parent or guardian of the child or youth.
(e) The department shall exempt a child or youth described by Subsection (b) from the payment of any fee for the issuance of a personal identification certificate under this chapter, subject to Section 521.4265 (Identification Fee Exemption Account).
Waiver of Fees for Foster Child or Youth, Homeless Child or Youth, or Victim or Child of Victim of Dating or Family Violence
A person is exempt from the payment of any fee for the issuance of a driver’s license, as provided under this chapter, if that person is:
(1) younger than 18 years of age and in the managing conservatorship of the Department of Family and Protective Services;
(2) at least 18 years of age, but younger than 21 years of age, and resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services;
(3) a homeless child or youth as defined by 42 U.S.C. Section 11434a;
(4) a victim of dating violence as defined by Section 71.0021, Family Code;
(5) a victim of family violence as defined by Section 51.002, Human Resources Code; or
(6) a child of a victim described by Subdivision (4) or (5).