Bill Text: TX SCR1 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Expressing opposition to the enactment or enforcement in Texas of a law, under a federal mandate, that automatically suspends the driver's license of an individual who is convicted of certain offenses.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-05-28 - Signed by the Governor [SCR1 Detail]
Download: Texas-2021-SCR1-Enrolled.html
| S.C.R. No. 1 | ||
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| 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 U.S. 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 U.S. 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 U.S. secretary of transportation; now, therefore, be it | ||
| RESOLVED, That the 87th Legislature of the State of Texas | ||
| hereby express opposition to the enactment or enforcement in Texas | ||
| of a law, under a federal mandate, that automatically suspends the | ||
| driver's license of an individual who is convicted of certain | ||
| offenses; 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 U.S. secretary of transportation along with | ||
| written certification pursuant to 23 C.F.R. Section 192.5(c). | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.C.R. No. 1 was adopted by the Senate | ||
| on May 3, 2021, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.C.R. No. 1 was adopted by the House | ||
| on May 14, 2021, by the following vote: Yeas 103, Nays 17, | ||
| two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
