Bill Text: TX SCR10 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Expressing opposition to the enactment or enforcement in Texas of a law that automatically suspends the driver's license of an individual who is convicted of any drug-related offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-14 - Referred to Criminal Justice [SCR10 Detail]

Download: Texas-2019-SCR10-Introduced.html
  86R8756 KSM-D
 
  By: Johnson S.C.R. No. 10
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, States are required under 23 U.S.C. Section 159 to
  enact and enforce a law requiring in all circumstances the
  revocation, or suspension for at least six months, of the driver's
  license of an individual who is convicted of a drug offense; and
         WHEREAS, A state's noncompliance with the federal law could
  result in the U.S. secretary of transportation withholding 10
  percent of the amount required to be apportioned to the state under
  the law governing federal aid for highways; and
         WHEREAS, In 1991, Texas enacted Section 521.372,
  Transportation Code, Automatic Suspension; License Denial, to
  comply with the federal law; the Texas law establishes a six-month
  license suspension period after a person is convicted of a drug
  offense and a six-month license denial period after the person
  applies for reinstatement or issuance of a driver's license; and
         WHEREAS, Under Texas law, a person convicted of a misdemeanor
  drug offense loses their driver's license for at least six months,
  making it difficult for the person to keep a job and provide for
  their family; and
         WHEREAS, Upon release from confinement, a person convicted of
  a felony drug offense in Texas also loses their driver's license for
  at least six months, making it harder for the person to reintegrate
  into society; and
         WHEREAS, The federal mandate for states to enact and enforce
  a law requiring automatic suspension of the driver's license of an
  individual who is convicted of any drug-related offense
  inappropriately limits the ability of Texas courts to exercise
  discretion in determining punishment; and
         WHEREAS, As an alternative to enacting or enforcing such a
  law, the governor of a state can submit a written certification to
  the U.S. secretary of transportation stating the governor's
  opposition to the enactment or enforcement in the state of such a
  law; and
         WHEREAS, A governor pursuing this alternative must also
  certify that the state legislature has adopted a concurrent
  resolution expressing opposition to the enactment or enforcement in
  the state of such a law; and
         WHEREAS, Texas should join the numerous other states that
  have met the certification requirements in a federal rule (23
  C.F.R. Section 192.5(c)) by submitting a written statement from the
  governor and a concurrent resolution from the state legislature to
  the U.S. secretary of transportation; now, therefore, be it
         RESOLVED, That the 86th Legislature of the State of Texas
  hereby express opposition to the enactment or enforcement in Texas
  of a law that automatically suspends the driver's license of an
  individual who is convicted of any drug-related offense; and, be it
  further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the executive clerk of the Office of
  the Governor, with the request that the governor submit the
  resolution to the U.S. secretary of transportation along with
  written certification pursuant to 23 C.F.R. Section 192.5(c).
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