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| 4 | 5 | | SENATE CONCURRENT RESOLUTION |
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| 5 | 6 | | WHEREAS, States are required under 23 U.S.C. Section 159 to |
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| 6 | 7 | | enact and enforce a law requiring in all circumstances the |
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| 7 | 8 | | revocation, or suspension for at least six months, of the driver's |
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| 8 | 9 | | license of an individual who is convicted of a drug offense; and |
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| 9 | 10 | | WHEREAS, A state's noncompliance with the federal law could |
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| 10 | 11 | | result in the U.S. secretary of transportation withholding 10 |
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| 11 | 12 | | percent of the amount required to be apportioned to the state under |
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| 12 | 13 | | the law governing federal aid for highways; and |
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| 13 | 14 | | WHEREAS, In 1991, Texas enacted Section 521.372, |
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| 14 | 15 | | Transportation Code, Automatic Suspension; License Denial, to |
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| 15 | 16 | | comply with the federal law; the Texas law establishes a six-month |
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| 16 | 17 | | license suspension period after a person is convicted of a drug |
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| 17 | 18 | | offense and a six-month license denial period after the person |
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| 18 | 19 | | applies for reinstatement or issuance of a driver's license; and |
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| 19 | 20 | | WHEREAS, Under Texas law, a person convicted of a misdemeanor |
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| 20 | 21 | | drug offense loses their driver's license for at least six months, |
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| 21 | 22 | | making it difficult for the person to keep a job and provide for |
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| 22 | 23 | | their family; and |
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| 23 | 24 | | WHEREAS, Upon release from confinement, a person convicted of |
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| 24 | 25 | | a felony drug offense in Texas also loses their driver's license for |
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| 25 | 26 | | at least six months, making it harder for the person to reintegrate |
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| 26 | 27 | | into society; and |
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| 27 | 28 | | WHEREAS, The federal mandate for states to enact and enforce |
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| 28 | 29 | | a law requiring automatic suspension of the driver's license of an |
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| 29 | 30 | | individual who is convicted of any drug-related offense |
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| 30 | 31 | | inappropriately limits the ability of Texas courts to exercise |
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| 31 | 32 | | discretion in determining punishment; and |
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| 32 | 33 | | WHEREAS, As an alternative to enacting or enforcing such a |
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| 33 | 34 | | law, the governor of a state can submit a written certification to |
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| 34 | 35 | | the U.S. secretary of transportation stating the governor's |
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| 35 | 36 | | opposition to the enactment or enforcement in the state of such a |
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| 36 | 37 | | law; and |
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| 37 | 38 | | WHEREAS, A governor pursuing this alternative must also |
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| 38 | 39 | | certify that the state legislature has adopted a concurrent |
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| 39 | 40 | | resolution expressing opposition to the enactment or enforcement in |
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| 40 | 41 | | the state of such a law; and |
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| 41 | 42 | | WHEREAS, Texas should join the numerous other states that |
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| 42 | 43 | | have met the certification requirements in a federal rule (23 |
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| 43 | 44 | | C.F.R. Section 192.5(c)) by submitting a written statement from the |
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| 44 | 45 | | governor and a concurrent resolution from the state legislature to |
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| 45 | 46 | | the U.S. secretary of transportation; now, therefore, be it |
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| 46 | 47 | | RESOLVED, That the 87th Legislature of the State of Texas |
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| 47 | 48 | | hereby express opposition to the enactment or enforcement in Texas |
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| 48 | 49 | | of a law, under a federal mandate, that automatically suspends the |
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| 49 | 50 | | driver's license of an individual who is convicted of certain |
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| 50 | 51 | | offenses; and, be it further |
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| 51 | 52 | | RESOLVED, That the Texas secretary of state forward official |
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| 52 | 53 | | copies of this resolution to the executive clerk of the Office of |
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| 53 | 54 | | the Governor, with the request that the governor submit the |
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| 54 | 55 | | resolution to the U.S. secretary of transportation along with |
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| 55 | 56 | | written certification pursuant to 23 C.F.R. Section 192.5(c). |
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| 56 | | - | ______________________________ ______________________________ |
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| 57 | | - | President of the Senate Speaker of the House |
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| 58 | | - | ______________________________ ______________________________ |
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| 59 | | - | President of the Senate Speaker of the House |
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| 60 | | - | I hereby certify that S.C.R. No. 1 was adopted by the Senate |
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| 61 | | - | on May 3, 2021, by the following vote: Yeas 30, Nays 0. |
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| 62 | | - | ______________________________ |
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| 63 | | - | Secretary of the Senate |
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| 64 | | - | I hereby certify that S.C.R. No. 1 was adopted by the House |
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| 65 | | - | on May 14, 2021, by the following vote: Yeas 103, Nays 17, |
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| 66 | | - | two present not voting. |
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| 67 | | - | ______________________________ |
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| 68 | | - | Chief Clerk of the House |
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| 69 | | - | Approved: |
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| 70 | | - | ______________________________ |
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| 71 | | - | Date |
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| 72 | | - | ______________________________ |
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| 73 | | - | Governor |
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