Senator Eliot Shapleigh - El Paso, Texas

With the Jan. 31 elimination of oral declarations for U.S. citizens when crossing into the country, an enhanced driver's license would be helpful, especially once full implementation take effect as early as June 2009. (photo courtesy www.aerocalifornia.com)

Sen. Eliot Shapleigh, D-El Paso, who introduced the enhanced license legislation, said the new identifications would cost about $40. A passport costs $97.

Allison Castle, a spokeswoman for Perry's office, said Attorney General Greg Abbott's opinion "provides clarification to one of the many questions that our office is seeking answers to before investing taxpayer dollars."

"The main concern is not starting a program that would then be later deemed noncompliant by (the U.S. Department of Homeland Security)," Castle said.

To avoid that situation, Castle said, Texas is working with Homeland Security to agree to a memorandum of understanding. Abbott's opinion verified that the legislation passed for Texas' enhanced driver's license does not conflict with federal law and allows the state to enter into an agreement with Homeland Security.

Texas' memorandum of understanding would be similar to that the already established between Homeland Security and the states of Washington, Vermont, New York and Arizona, said Laura Keehner, DHS spokeswoman.

"Their (enhanced driver's licenses) intention is to be used at any (land or sea) port of entry," Keehner said, adding that the intent is not finalized until the travel initiative rule is fully implemented.

Lupe Ramirez, acting Laredo port director, said with the Jan. 31 elimination of oral declarations for U.S. citizens when crossing into the country, an enhanced driver's license would be helpful, especially once full implementation take effect as early as June 2009.

"If you have a document that serves a dual purpose it's less costly (and) it's going to be easier for people to attain," Ramirez said. "To be an enhanced driver's license it has to have RFID (radio frequency identification) technology. Once you have more travelers using the technology the processing time will actually be reduced."

The unique number embedded in the enhanced ID is only brought up on U.S. Customs and Border Protection systems, Ramirez said, and not the card.

"For locations on the border, especially your big crossings like Laredo and El Paso, it's definitely advantageous to have those cards," Ramirez said. "For us it's a win-win situation."

Currently, the only RFID-equipped lanes are the trusted traveler lanes, Ramirez said, but funding for the travel initiative is being provided this year to set up the technology at all vehicular lanes.

In terms of funding being a concern for the new licenses, Shapleigh said, the federal government paid for the technology and it is the states' responsibility to take advantage of it.

"In a very few days Americans in Mexico will need a birth certificate to return to the U.S. if they do not have a passport," Shapleigh said. "With an enhanced driver's license all they have to do is swipe the driver's license and cross into the U.S.

"An enhanced driver's license will save time, money and taxes," he added.

Shapleigh's enhanced driver's license legislation failed in the Texas House of Representatives but it was tacked on and passed with another bill, which was signed by Perry.
Tela Mange, a spokeswoman for Texas DPS, said the department is reviewing how to "make it work."

"Our driver's license folks are looking at the Attorney General's opinion and seeing what we're going to be able to do," Mange said.

Along the border the identification program is vital, Shapleigh said, because "mobility is money."

"We need to move people and products safer, faster and smarter in a 21st century world," he said.