Texas 2021 - 87th Regular

Texas House Bill HCR4 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R883 SME-D
2	2	By: White H.C.R. No. 4
3	3
4	4
5	5	CONCURRENT RESOLUTION
6	6	WHEREAS, States are required under 23 U.S.C. Section 159 to
7	7	enact and enforce a law requiring in all circumstances the
8	8	revocation, or suspension for at least six months, of the driver's
9	9	license of an individual who is convicted of a drug offense; and
10	10	WHEREAS, A state's noncompliance with the federal law could
11	11	result in the U.S. secretary of transportation withholding 10
12	12	percent of the amount required to be apportioned to the state under
13	13	the law governing federal aid for highways; and
14	14	WHEREAS, In 1991, Texas enacted Section 521.372,
15	15	Transportation Code, Automatic Suspension; License Denial, to
16	16	comply with the federal law; the Texas law establishes a six-month
17	17	license suspension period after a person is convicted of a drug
18	18	offense and a six-month license denial period after the person
19	19	applies for reinstatement or issuance of a driver's license; and
20	20	WHEREAS, Under Texas law, a person convicted of a misdemeanor
21	21	drug offense loses their driver's license for at least six months,
22	22	making it difficult for the person to keep a job and provide for
23	23	their family; and
24	24	WHEREAS, Upon release from confinement, a person convicted of
25	25	a felony drug offense in Texas also loses their driver's license for
26	26	at least six months, making it harder for the person to reintegrate
27	27	into society; and
28	28	WHEREAS, The federal mandate for states to enact and enforce
29	29	a law requiring automatic suspension of the driver's license of an
30	30	individual who is convicted of any drug-related offense
31	31	inappropriately limits the ability of Texas courts to exercise
32	32	discretion in determining punishment; and
33	33	WHEREAS, As an alternative to enacting or enforcing such a
34	34	law, the governor of a state can submit a written certification to
35	35	the U.S. secretary of transportation stating the governor's
36	36	opposition to the enactment or enforcement in the state of such a
37	37	law; and
38	38	WHEREAS, A governor pursuing this alternative must also
39	39	certify that the state legislature has adopted a concurrent
40	40	resolution expressing opposition to the enactment or enforcement in
41	41	the state of such a law; and
42	42	WHEREAS, Texas should join the numerous other states that
43	43	have met the certification requirements in a federal rule (23
44	44	C.F.R. Section 192.5(c)) by submitting a written statement from the
45	45	governor and a concurrent resolution from the state legislature to
46	46	the U.S. secretary of transportation; now, therefore, be it
47	47	RESOLVED, That the 87th Legislature of the State of Texas
48	48	hereby express opposition to the enactment or enforcement in Texas
49	49	of a law, under a federal mandate, that automatically suspends the
50	50	driver's license of an individual who is convicted of certain
51	51	offenses; and, be it further
52	52	RESOLVED, That the Texas secretary of state forward official
53	53	copies of this resolution to the executive clerk of the Office of
54	54	the Governor, with the request that the governor submit the
55	55	resolution to the U.S. secretary of transportation along with
56	56	written certification pursuant to 23 C.F.R. Section 192.5(c).