89th Legislature Regular Session

SB 964

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 964 requires Texas driver’s licenses and personal identification cards issued to non-U.S. citizens to display a "NONCITIZEN" designation in a font size equal to the ID number. Additionally, driver’s licenses for noncitizens must be vertically oriented, regardless of age, to distinguish them from those issued to U.S. citizens​. SB 964 seeks to amend the Texas Transportation Code to require clearer visual distinctions on personal identification certificates and driver’s licenses issued to individuals who are not United States citizens. The bill introduces two new sections—Section 521.1017 and Section 521.1231—to Subchapters E and F of Chapter 521, respectively.

Under the proposed legislation, a personal identification certificate issued to a non-citizen must display the phrase “NOT ELIGIBLE TO VOTE” on the front in a font size equivalent to the ID number and must be oriented in a manner that clearly distinguishes it from a citizen’s ID. Similarly, a driver’s license issued to a non-citizen must be vertically oriented, regardless of the applicant's age, and must also prominently feature the phrase “NOT ELIGIBLE TO VOTE” in the same font size as the license number.

The legislation does not apply retroactively; only identification certificates or licenses issued or renewed on or after the Act’s effective date must comply with these new requirements. Those issued prior to that date remain governed by the law in effect at the time of issuance or renewal. SB 964 is positioned as an election integrity measure intended to prevent confusion or misrepresentation related to voting eligibility by non-citizens.

The Committee Substitute for SB 964 introduces a key change from the originally filed version by altering the labeling language required on state-issued identification for non-citizens. While the original bill mandated that these IDs display the word “NONCITIZEN,” the substitute version changes this designation to the phrase “NOT ELIGIBLE TO VOTE.” This modification reflects a significant shift in the legislative framing of the bill—from a broad identifier of immigration status to a more narrowly tailored notice about voter eligibility.

The implications of this change are both practical and symbolic. Practically, the revised language more directly addresses concerns about election integrity by focusing on the legal ineligibility of non-citizens to vote in state and federal elections. Symbolically, this shift may be viewed as a move away from potentially stigmatizing terminology like “NONCITIZEN” toward a phrasing that ties the ID distinction specifically to a legal function—voting—rather than broadly signaling immigration status. This could also mitigate civil liberties concerns while still achieving the bill’s objective of clearly marking identification documents.

Additionally, the structure and scope of the bill remain consistent between the two versions. Both require that driver’s licenses and identification certificates for non-citizens be visually distinct—through vertical orientation and visible labeling—and apply only to documents issued or renewed on or after September 1, 2025. However, the substitute’s adjustment in language signals a nuanced strategic shift, likely intended to enhance the bill’s alignment with voter integrity priorities without unnecessarily broad labeling that could be perceived as discriminatory or punitive.
Author
Bryan Hughes
Co-Author
Peter Flores
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 964 is not expected to have any fiscal implications for the State of Texas. The bill requires certain designations—specifically the phrase “NOT ELIGIBLE TO VOTE”—to be added to personal identification certificates and driver’s licenses issued to individuals who are not U.S. citizens. Despite the administrative changes involved, the report assumes that any associated implementation costs can be absorbed within the Department of Public Safety’s existing budget and operational framework.

Additionally, the fiscal analysis concludes that there would be no significant financial impact on local units of government. The modifications mandated by the bill do not impose new responsibilities or unfunded mandates on counties, cities, or other local jurisdictions, which may interact with or rely on these forms of identification.

This finding of minimal fiscal impact suggests that the bill is structured to make use of current infrastructure and processes within the state's identification systems. It implies that any necessary software updates, card redesigns, or procedural changes to distinguish non-citizen documentation are either already within anticipated capabilities or can be implemented without requiring additional appropriations. As such, the fiscal note supports the view that the bill's policy goals can be achieved with operational efficiency and minimal cost to taxpayers.

Vote Recommendation Notes

SB 964 aims to clarify voter eligibility by requiring all Texas driver's licenses and personal identification certificates issued to non-U.S. citizens to be visually distinct from those issued to citizens. The bill responds to a legal gap: while proof of lawful presence is already required, current Texas law does not mandate a visible distinction on the face of these IDs. This can lead to confusion during the voting process, where such IDs may be presented by ineligible voters. SB 964 addresses this risk by mandating vertical formatting and inclusion of the phrase "NOT ELIGIBLE TO VOTE" in prominent font on non-citizen-issued documents.

The updated bill language demonstrates a strategic shift from the original “NONCITIZEN” labeling to “NOT ELIGIBLE TO VOTE.” This change is subtle yet significant: it more narrowly focuses the purpose of the bill on voting eligibility rather than signaling immigration status. This potentially mitigates concerns over stigmatization while directly addressing the election integrity issues raised in the bill analysis. The new designation emphasizes the ineligibility to vote, making it easier for election officials to distinguish valid voter IDs and maintain legal compliance.

From a liberty principles standpoint, SB 964 supports personal responsibility and limited government by preventing the misuse of government-issued IDs without significantly expanding state power. It also upholds individual liberty by ensuring the law is applied equitably while maintaining the rights of lawful residents. The bill does not burden free enterprise or affect private property rights. The fiscal note confirms that any administrative costs can be absorbed within existing resources, suggesting efficient implementation.

In light of its focus on election integrity, minimal fiscal impact, and alignment with liberty principles, Texas Policy Research recommends that lawmakers vote YES on SB 964. It provides a targeted, reasonable reform to protect against inadvertent or unlawful use of state-issued documents in elections without overreaching into individuals’ broader legal status.

  • Individual Liberty: The bill does not restrict any fundamental rights of non-citizens or citizens. Instead, it clarifies the purpose of state-issued identification by visibly indicating that the holder is not eligible to vote. This approach respects the legal boundaries of voting rights while avoiding broad stigmatization—especially with the substitute’s shift from labeling someone as a “NONCITIZEN” to stating “NOT ELIGIBLE TO VOTE.” This distinction focuses on eligibility rather than status, which may protect individual dignity and reduce the potential for discrimination based on immigration status.
  • Personal Responsibility: By requiring that identification cards for non-citizens carry a clear voting ineligibility label, the bill encourages personal accountability for those involved in the electoral process, including voters, election officials, and public institutions. It enables lawful residents to understand and acknowledge the limitations of their voting rights while helping prevent inadvertent illegal voting. It also helps officials verify compliance with existing election laws, reinforcing a culture of civic responsibility.
  • Free Enterprise: The bill has no bearing on economic freedoms, business operations, or market dynamics. It strictly applies to state-issued identification and does not impose new restrictions or costs on private individuals, companies, or commerce. There is no licensing requirement, regulation, or compliance burden affecting free enterprise.
  • Private Property Rights: The bill does not address or interfere with property ownership, land use, or personal belongings. It is confined to the formatting and labeling of driver's licenses and identification certificates, which are state-issued documents.
  • Limited Government: The bill reinforces limited government by enhancing transparency and the enforceability of election law without creating new regulatory agencies or expanding government control over other areas of life. It represents a narrowly tailored policy response to a specific procedural issue—distinguishing valid voter identification—while maintaining respect for individual rights and efficient governance. Additionally, with no significant fiscal impact and no new rulemaking authority required, the bill reflects prudent, restrained legislative action.
View Bill Text and Status