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CONCURRENT RESOLUTION
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WHEREAS, Pursuant to 23 U.S.C. Section 159, the United States |
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Secretary of Transportation is required to withhold eight percent |
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of a state's highway-related funds unless that state enacts and |
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enforces a law requiring a six-month suspension or revocation of |
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the driver's license of any individual convicted of any violation |
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of the Controlled Substances Act or other drug law, or unless the |
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governor of the state submits written certifications by the |
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governor and the state legislature that both are opposed to the |
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enactment and enforcement of such a law; and |
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WHEREAS, The burden of automatic license suspensions falls |
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heavily on low-income people, making it even more difficult for |
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them to lead productive, law-abiding lives independent of public |
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assistance; in the Dallas and McAllen metropolitan areas, for |
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instance, fewer than 20 percent of jobs are accessible to residents |
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of low-income communities by public transit; a recent study found |
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that 40 percent of people lost a job upon a driver's license |
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suspension, and in the wake of such a suspension, 88 percent |
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reported lower income; moreover, such suspensions can make it |
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difficult to meet family obligations, reach medical care, and even |
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fulfill court requirements; and |
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WHEREAS, Automatic license suspensions impose high |
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administrative costs, but the American Association of Motor |
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Vehicles found that there is no evidence that they deter criminal |
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behavior; these suspensions force traffic authorities to expend |
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significant resources, including employee time as well as taxpayer |
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dollars, thereby diminishing their focus on dangerous |
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driving-related behavior on our roads and undermining public |
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safety; and |
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WHEREAS, The granting or withholding of driving privileges |
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has always been the prerogative of the states, rather than the |
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federal government, and the State of Texas has found that automatic |
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driver's license suspensions under 23 U.S.C. Section 159 waste tax |
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dollars while negatively impacting past offenders struggling to |
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become more responsible, contributing members of society; now, |
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therefore, be it |
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RESOLVED, That the 85th Legislature of the State of Texas |
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hereby declare its opposition to the enactment or enforcement by |
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the state of a law requiring the revocation or suspension of the |
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driver's license of any individual who is convicted of any |
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violation of the Controlled Substances Act or any drug offense; |
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and, be it further |
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RESOLVED, That the Texas Legislature hereby respectfully |
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urge the governor to submit written certification to the United |
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States Secretary of Transportation expressing his opposition to |
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this federal mandate along with written certification that the |
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Texas Legislature has adopted this resolution; 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 governor, to the secretary of the |
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United States Department of Transportation, and to all the members |
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of the Texas delegation to Congress. |