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