Bill Text: TX SCR10 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-16 - Committee report sent to Calendars [SCR10 Detail]
Download: Texas-2019-SCR10-Comm_Sub.html
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: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-16 - Committee report sent to Calendars [SCR10 Detail]
Download: Texas-2019-SCR10-Comm_Sub.html
By: Johnson | S.C.R. No. 10 | |
(In the Senate - Filed January 25, 2019; February 14, 2019, | ||
read first time and referred to Committee on Criminal Justice; | ||
April 23, 2019, reported favorably by the following vote: Yeas 5, | ||
Nays 1; April 23, 2019, sent to printer.) | ||
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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 United States 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 United States 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 United States 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 United States secretary of transportation along | ||
with written certification pursuant to 23 C.F.R. Section 192.5(c). | ||
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