80R8218 CLE-D
  By: Isett H.C.R. No. 148
         WHEREAS, The REAL ID Act of 2005 was enacted by the United
  States Congress as part of a broad supplemental appropriations
  package relating to homeland security issues; the act requires all
  50 states to validate primary documents used to obtain a driver's
  license or identification (ID) card and to issue licenses and ID
  cards in a uniform, federally approved format if the licenses and
  cards are to be accepted as identity documents by the federal
  government; and
         WHEREAS, The total cost for the initial implementation of the
  new regulations has been estimated to be more than $11 billion,
  though to date congress has appropriated only $40 million to the
  effort; given the expense of the program and the minor
  congressional contribution, the REAL ID Act is effectively an
  unfunded mandate as federally approved identification is required
  for a United States citizen to board a commercial airplane, make
  transactions with a federally licensed financial institution,
  enter a federal building, or apply for federally supported public
  assistance, such as Social Security; and
         WHEREAS, Not surprisingly, the anticipated cost for the State
  of Texas is significant; the Texas Department of Public Safety
  (DPS) recently informed the House Appropriations Committee that all
  18.5 million Texas driver's licenses and ID cards must be verified
  and reissued within five years under the act, prompting the agency
  to request $268.7 million as an exceptional item in its 2008-2009
  budget; in addition, DPS has indicated it expects ongoing REAL
  ID-related expenses to be $101.3 million per year; and
         WHEREAS, In addition to unease about expense, provisions of
  the REAL ID Act raise concerns about data security and possible
  identity theft; the act requires statewide databases to be
  integrated and shared with the federal government, but does not
  establish clear security standards for the network nor designate an
  entity to control access to the system; and
         WHEREAS, These ambiguities in the legislation make it more
  likely that information about a driver's license or ID card holder
  could be illegally accessed through another state's less secure
  system, creating a vulnerability where none currently exists and
  increasing the likelihood of the very threat the program was
  designed to minimize; furthermore, some states' officials have
  pointed out that their computer systems are not even capable of
  verifying documentation as required by the act; and
         WHEREAS, The negative implications of the federal
  regulations are raising concerns nationwide, with 21 states
  currently considering legislation questioning, opposing, or
  refusing to carry out the requirements of the REAL ID Act and
  legislators from an additional 17 states having expressed their
  intention to do so as well; considering the obvious fiscal
  consequence to Texas and the considerable flaws inherent in the
  federal requirements, it is incumbent on the State of Texas to act
  likewise; now, therefore, be it
         RESOLVED, That the 80th Legislature of the State of Texas
  hereby refuse to implement the federal REAL ID Act of 2005; and, be
  it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the speaker of the house of representatives and the president of the
  senate of the United States Congress, and to all the members of the
  Texas delegation to the congress with the request that this
  resolution be officially entered in the Congressional Record as a
  memorial to the Congress of the United States of America.