In late 2008 to early 2009, the Texas Department of Public Safety (DPS) will take a step closer to becoming compliant with the controversial Real ID Act of 2005. DPS will require that Texans obtain new drivers licenses with additional safety features to decrease counterfeiting, according to DPS Spokeswoman Tela Mange.

As currently planned, the new licenses will fall short of Real ID compliance because they will not contain a machine-readable Radio Frequency Identification (RFID) chip, said Mange. This RFID chip "will signal a computer to pull up your biographic and biometric data for the CBP Officer as you pull up to the [United States] border," according to the website of the Department of Homeland Security (DHS), the federal agency spearheading Real ID implementation.

While the Real ID Act has gotten little press in Texas, in many other states it has become a major hot button issue involving civil rights, federal funding deficits, and state versus federal power. Some 17 states have expressed hostility toward the federal mandate, including Arizona, whose legislature passed a law making it illegal for state agencies to comply with the Real ID Act, and Montana, whose Gov. Brian Schweitzer told the federal government to “go to hell” over the issue in an NPR interview. Sen. Lamar Alexander of Tennessee and other critics say the mandatory Real ID is a step closer to a national identity card.

The DHS website, however, states the Real ID stems from a recommendation from the 9/11 Commission and that it is "a nationwide effort intended to prevent terrorism, reduce fraud, and improve the reliability and accuracy of identification documents that State governments issue."

The website states "the REAL ID Act requires that a REAL ID driver’s license be used for “official purposes,” as defined by DHS.... The "official purposes" include "entering a Federal facility; boarding Federally-regulated commercial aircraft; and entering nuclear power plants. DHS may consider expanding these official purposes through future rulemakings to maximize the security benefits of REAL ID."

The Real ID Act is an unfunded federal mandate, and according to Mange, Texas's main hindering block for Real ID implementation is lack of funding. While the federal government is offering states some money to implement the ID, the great majority of the cost will fall on each states' taxpayers.

"DPS tried to locate federal funding sources but were unable to do so," said Mange. "At this point, we're not pursuing it as an option."

However, according to Lisa Block, another DPS spokesperson, the agency is currently working on cost estimates for Real ID implementation. According to Block, the "very preliminary" cost estimate for Texas is $130 million over the next two years.

Both Mange and Block said Real ID's future in Texas is contingent on the legislation being passed in the 2009 session.

"There is still some legislation that has to be passed before the program can go forward," said Block. "A lot is dependent on how the state legislature moves forward in implementing the program."

Legislators will start filing paperwork for bills in November and December, said Mange.

"[Governor Rick Perry] is still weighing the options between having Real ID or some other form of picture identification," said Krista Pifferer, a spokesperson for the Governor's office. "The state is working to find the most efficient and effective form of identification for Texans."

Lt. Governor David Dewhurst lists creating "a tamper-proof driver's license and photo ID card that complies with the federal Real ID Act" as one of his Priorities for the future on his official government web site.

While some feel the Real ID is a benefit to Texans, there is a growing force of those who want to stop its implementation.

Sheila Dean, the president of the 5-11 Campaign, a Texas anti-Real ID organization, said the Real ID is an example of "government behaving badly."

"The DHS and the Governor's office have a plan for Real ID and they are playing it close to the vest for political reasons," said Dean. "The only people who benefit from a Real ID are tech companies who manufacture databases and who profit from the sale of personal information. These companies look at the Department of Defense like a giant sugar daddy who will bankroll their business."

The 5-11 campaign is currently creating an anti-Real ID bill to submit to Texas legislators for the 2009 session.

"If people don't want this, they can help back our bill in the upcoming session to stop Real IDs in Texas," said Dean.