1 | 1 | | 85R11759 BPG-D |
---|
2 | 2 | | By: Thompson of Harris H.C.R. No. 94 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | CONCURRENT RESOLUTION |
---|
6 | 6 | | WHEREAS, Pursuant to 23 U.S.C. Section 159, the United States |
---|
7 | 7 | | Secretary of Transportation is required to withhold eight percent |
---|
8 | 8 | | of a state's highway-related funds unless that state enacts and |
---|
9 | 9 | | enforces a law requiring a six-month suspension or revocation of |
---|
10 | 10 | | the driver's license of any individual convicted of any violation |
---|
11 | 11 | | of the Controlled Substances Act or other drug law, or unless the |
---|
12 | 12 | | governor of the state submits written certifications by the |
---|
13 | 13 | | governor and the state legislature that both are opposed to the |
---|
14 | 14 | | enactment and enforcement of such a law; and |
---|
15 | 15 | | WHEREAS, The burden of automatic license suspensions falls |
---|
16 | 16 | | heavily on low-income people, making it even more difficult for |
---|
17 | 17 | | them to lead productive, law-abiding lives independent of public |
---|
18 | 18 | | assistance; in the Dallas and McAllen metropolitan areas, for |
---|
19 | 19 | | instance, fewer than 20 percent of jobs are accessible to residents |
---|
20 | 20 | | of low-income communities by public transit; a recent study found |
---|
21 | 21 | | that 40 percent of people lost a job upon a driver's license |
---|
22 | 22 | | suspension, and in the wake of such a suspension, 88 percent |
---|
23 | 23 | | reported lower income; moreover, such suspensions can make it |
---|
24 | 24 | | difficult to meet family obligations, reach medical care, and even |
---|
25 | 25 | | fulfill court requirements; and |
---|
26 | 26 | | WHEREAS, Automatic license suspensions impose high |
---|
27 | 27 | | administrative costs, but the American Association of Motor |
---|
28 | 28 | | Vehicles found that there is no evidence that they deter criminal |
---|
29 | 29 | | behavior; these suspensions force traffic authorities to expend |
---|
30 | 30 | | significant resources, including employee time as well as taxpayer |
---|
31 | 31 | | dollars, thereby diminishing their focus on dangerous |
---|
32 | 32 | | driving-related behavior on our roads and undermining public |
---|
33 | 33 | | safety; and |
---|
34 | 34 | | WHEREAS, The granting or withholding of driving privileges |
---|
35 | 35 | | has always been the prerogative of the states, rather than the |
---|
36 | 36 | | federal government, and the State of Texas has found that automatic |
---|
37 | 37 | | driver's license suspensions under 23 U.S.C. Section 159 waste tax |
---|
38 | 38 | | dollars while negatively impacting past offenders struggling to |
---|
39 | 39 | | become more responsible, contributing members of society; now, |
---|
40 | 40 | | therefore, be it |
---|
41 | 41 | | RESOLVED, That the 85th Legislature of the State of Texas |
---|
42 | 42 | | hereby declare its opposition to the enactment or enforcement by |
---|
43 | 43 | | the state of a law requiring the revocation or suspension of the |
---|
44 | 44 | | driver's license of any individual who is convicted of any |
---|
45 | 45 | | violation of the Controlled Substances Act or any drug offense; |
---|
46 | 46 | | and, be it further |
---|
47 | 47 | | RESOLVED, That the Texas Legislature hereby respectfully |
---|
48 | 48 | | urge the governor to submit written certification to the United |
---|
49 | 49 | | States Secretary of Transportation expressing his opposition to |
---|
50 | 50 | | this federal mandate along with written certification that the |
---|
51 | 51 | | Texas Legislature has adopted this resolution; and, be it further |
---|
52 | 52 | | RESOLVED, That the Texas secretary of state forward official |
---|
53 | 53 | | copies of this resolution to the governor, to the secretary of the |
---|
54 | 54 | | United States Department of Transportation, and to all the members |
---|
55 | 55 | | of the Texas delegation to Congress. |
---|