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.)
Click here to see the committee vote
SENATE 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 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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