80R8189 CLE-D
  By: Estes S.C.R. No. 40
       WHEREAS, On March 1, 2007, the United States Department of
Homeland Security announced the federal guidelines for state
implementation of the federal REAL ID Act of 2005; the regulations
establish strict standards for the issuance of state driver's
licenses and identification (ID) cards that must be implemented by
December 2009; and
       WHEREAS, These standards require each state to verify the
original documentation establishing the identity of an applicant,
such as birth certificates and social security cards, cross-check
the documents against federal databases, and reissue the license or
ID card in a format that incorporates specific security features
into the design; additionally, the rules set safety measures that
must be followed with regard to the physical location where
licenses and cards are issued; and
       WHEREAS, Cards that do not meet the federal standards will
not be accepted as official federal identification anywhere in the
United States or abroad, preventing the holder from boarding
commercial flights, entering federal buildings, conducting
business at certain financial institutions, and even applying for
federal programs such as Medicare; and
       WHEREAS, A joint study released in September 2006 by the
National Conference of State Legislatures, the National Governors
Association, and the American Association of Motor Vehicle
Administrators estimates the initial cost of implementing the REAL
ID Act of 2005 to be more than $11 billion; according to the study,
the most costly provisions in the act are those requiring driver's
license and card holders to present original documents in person
for reverification by the state motor vehicle department within
five years, forcing states to hire additional employees, expand
business hours, and even construct new facilities to meet the
reenrollment deadline; and
       WHEREAS, Regretfully, in federal fiscal year 2006, congress
appropriated a mere $40 million to support the states' 
implementation of the REAL ID Act, not sufficient to cover even
Texas' needs; in fact, the Texas Department of Public Safety's
projected cost to the state is $167.4 million for the first year of
implementation and $101.3 million for each subsequent year of
operation; the agency submitted a request for $268.7 million in the
2008-2009 biennium for REAL ID-related expenditures, including 737
new full-time employees; and
       WHEREAS, Implementation of the REAL ID Act could cost Texas
taxpayers more than $572 million over the next five years;
considering this enormous expense and the meager congressional
financial support for the endeavor, the requirements made by the
REAL ID Act of 2005 constitute a virtual unfunded mandate on the
State of Texas and, as such, a significant burden to the state's
residents; now, therefore, be it
       RESOLVED, That the 80th Legislature of the State of Texas
hereby oppose the federal REAL ID Act as an unfunded mandate; 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.