85R11759 BPG-D     By: Thompson of Harris H.C.R. No. 94       CONCURRENT RESOLUTION          WHEREAS, Pursuant to 23 U.S.C. Section 159, the United States   Secretary of Transportation is required to withhold eight percent   of a state's highway-related funds unless that state enacts and   enforces a law requiring a six-month suspension or revocation of   the driver's license of any individual convicted of any violation   of the Controlled Substances Act or other drug law, or unless the   governor of the state submits written certifications by the   governor and the state legislature that both are opposed to the   enactment and enforcement of such a law; and          WHEREAS, The burden of automatic license suspensions falls   heavily on low-income people, making it even more difficult for   them to lead productive, law-abiding lives independent of public   assistance; in the Dallas and McAllen metropolitan areas, for   instance, fewer than 20 percent of jobs are accessible to residents   of low-income communities by public transit; a recent study found   that 40 percent of people lost a job upon a driver's license   suspension, and in the wake of such a suspension, 88 percent   reported lower income; moreover, such suspensions can make it   difficult to meet family obligations, reach medical care, and even   fulfill court requirements; and          WHEREAS, Automatic license suspensions impose high   administrative costs, but the American Association of Motor   Vehicles found that there is no evidence that they deter criminal   behavior; these suspensions force traffic authorities to expend   significant resources, including employee time as well as taxpayer   dollars, thereby diminishing their focus on dangerous   driving-related behavior on our roads and undermining public   safety; and          WHEREAS, The granting or withholding of driving privileges   has always been the prerogative of the states, rather than the   federal government, and the State of Texas has found that automatic   driver's license suspensions under 23 U.S.C. Section 159 waste tax   dollars while negatively impacting past offenders struggling to   become more responsible, contributing members of society; now,   therefore, be it          RESOLVED, That the 85th Legislature of the State of Texas   hereby declare its opposition to the enactment or enforcement by   the state of a law requiring the revocation or suspension of the   driver's license of any individual who is convicted of any   violation of the Controlled Substances Act or any drug offense;   and, be it further          RESOLVED, That the Texas Legislature hereby respectfully   urge the governor to submit written certification to the United   States Secretary of Transportation expressing his opposition to   this federal mandate along with written certification that the   Texas Legislature has adopted this resolution; and, be it further          RESOLVED, That the Texas secretary of state forward official   copies of this resolution to the governor, to the secretary of the   United States Department of Transportation, and to all the members   of the Texas delegation to Congress.