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CONCURRENT RESOLUTION
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WHEREAS, States are required under 23 U.S.C. Section 159 to |
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enact and enforce a law requiring in all circumstances the |
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revocation, or suspension for at least six months, of the driver's |
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license of an individual who is convicted of a drug offense; and |
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WHEREAS, A state's noncompliance with the federal law could |
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result in the U.S. secretary of transportation withholding 10 |
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percent of the amount required to be apportioned to the state under |
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the law governing federal aid for highways; and |
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WHEREAS, In 1991, Texas enacted Section 521.372, |
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Transportation Code, Automatic Suspension; License Denial, to |
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comply with the federal law; the Texas law establishes a six-month |
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license suspension period after a person is convicted of a drug |
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offense and a six-month license denial period after the person |
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applies for reinstatement or issuance of a driver's license; and |
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WHEREAS, Under Texas law, a person convicted of a misdemeanor |
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drug offense loses their driver's license for at least six months, |
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making it difficult for the person to keep a job and provide for |
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their family; and |
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WHEREAS, Upon release from confinement, a person convicted of |
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a felony drug offense in Texas also loses their driver's license for |
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at least six months, making it harder for the person to reintegrate |
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into society; and |
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WHEREAS, The federal mandate for states to enact and enforce |
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a law requiring automatic suspension of the driver's license of an |
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individual who is convicted of any drug-related offense |
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inappropriately limits the ability of Texas courts to exercise |
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discretion in determining punishment; and |
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WHEREAS, As an alternative to enacting or enforcing such a |
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law, the governor of a state can submit a written certification to |
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the U.S. secretary of transportation stating the governor's |
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opposition to the enactment or enforcement in the state of such a |
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law; and |
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WHEREAS, A governor pursuing this alternative must also |
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certify that the state legislature has adopted a concurrent |
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resolution expressing opposition to the enactment or enforcement in |
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the state of such a law; and |
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WHEREAS, Texas should join the numerous other states that |
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have met the certification requirements in a federal rule (23 |
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C.F.R. Section 192.5(c)) by submitting a written statement from the |
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governor and a concurrent resolution from the state legislature to |
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the U.S. secretary of transportation; now, therefore, be it |
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RESOLVED, That the 87th Legislature of the State of Texas |
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hereby express opposition to the enactment or enforcement in Texas |
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of a law, under a federal mandate, that automatically suspends the |
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driver's license of an individual who is convicted of certain |
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offenses; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the executive clerk of the Office of |
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the Governor, with the request that the governor submit the |
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resolution to the U.S. secretary of transportation along with |
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written certification pursuant to 23 C.F.R. Section 192.5(c). |