Texas 2019 - 86th Regular

Texas Senate Bill SCR10 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Johnson S.C.R. No. 10
2		-	(White)
3	2
4	3
5	4		SENATE CONCURRENT RESOLUTION
6	5		WHEREAS, States are required under 23 U.S.C. Section 159 to
7	6		enact and enforce a law requiring in all circumstances the
8	7		revocation, or suspension for at least six months, of the driver's
9	8		license of an individual who is convicted of a drug offense; and
10	9		WHEREAS, A state's noncompliance with the federal law could
11	10		result in the United States secretary of transportation withholding
12	11		10 percent of the amount required to be apportioned to the state
13	12		under the law governing federal aid for highways; and
14	13		WHEREAS, In 1991, Texas enacted Section 521.372,
15	14		Transportation Code, Automatic Suspension; License Denial, to
16	15		comply with the federal law; the Texas law establishes a six-month
17	16		license suspension period after a person is convicted of a drug
18	17		offense and a six-month license denial period after the person
19	18		applies for reinstatement or issuance of a driver's license; and
20	19		WHEREAS, Under Texas law, a person convicted of a misdemeanor
21	20		drug offense loses their driver's license for at least six months,
22	21		making it difficult for the person to keep a job and provide for
23	22		their family; and
24	23		WHEREAS, Upon release from confinement, a person convicted of
25	24		a felony drug offense in Texas also loses their driver's license for
26	25		at least six months, making it harder for the person to reintegrate
27	26		into society; and
28	27		WHEREAS, The federal mandate for states to enact and enforce
29	28		a law requiring automatic suspension of the driver's license of an
30	29		individual who is convicted of any drug-related offense
31	30		inappropriately limits the ability of Texas courts to exercise
32	31		discretion in determining punishment; and
33	32		WHEREAS, As an alternative to enacting or enforcing such a
34	33		law, the governor of a state can submit a written certification to
35	34		the United States secretary of transportation stating the
36	35		governor's opposition to the enactment or enforcement in the state
37	36		of such a law; and
38	37		WHEREAS, A governor pursuing this alternative must also
39	38		certify that the state legislature has adopted a concurrent
40	39		resolution expressing opposition to the enactment or enforcement in
41	40		the state of such a law; and
42	41		WHEREAS, Texas should join the numerous other states that
43	42		have met the certification requirements in a federal rule (23
44	43		C.F.R. Section 192.5(c)) by submitting a written statement from the
45	44		governor and a concurrent resolution from the state legislature to
46	45		the United States secretary of transportation; now, therefore, be
47	46		it
48	47		RESOLVED, That the 86th Legislature of the State of Texas
49	48		hereby express opposition to the enactment or enforcement in Texas
50	49		of a law that automatically suspends the driver's license of an
51	50		individual who is convicted of any drug-related offense; and, be it
52	51		further
53	52		RESOLVED, That the Texas secretary of state forward official
54	53		copies of this resolution to the executive clerk of the Office of
55	54		the Governor, with the request that the governor submit the
56	55		resolution to the United States secretary of transportation along
57	56		with written certification pursuant to 23 C.F.R. Section 192.5(c).