[2019 Session] Eliminate Automatic License Suspensions for Drug Offenses

Policy Background

A person convicted of a misdemeanor or felony drug offense in Texas will automatically have his or her driver’s license suspended for a period of six months – an overly punitive penalty that fails to relate to the offense, and which makes it more challenging to meet work, school, family, and, importantly, probation obligations. Enforcing this policy also diverts police attention and resources from actual public safety hazards on the roads, and it creates a heavy administrative burden to implement. To have the license reinstated, a person must pay a fee and successfully complete a 15-hour drug education program on the dangers of drug abuse.¹

Proposed Solution

Repeal sections in the Texas Transportation Code that automatically suspend a person’s driver’s license on final conviction of a drug offense or other offense under the Controlled Substances Act.

Relevant Bills

• Bill Number: HB 1013 [White]
  Bill Caption: Relating to repealing automatic driver's license suspensions for certain drug offenses.
  House Hearing Notice: Homeland Security & Public Safety, April 17, 2019
  TCJE House Action: Card in support
  House Hearing Video: Homeland Security & Public Safety, 4/17/19

• Bill Number: SB 691 [Johnson | Sponsor: Nevárez]
  Bill Caption: Relating to suspension of a driver's license for persons convicted of certain misdemeanor drug possession offenses.
  Senate Hearing Notice: Criminal Justice, April 10, 2019
  TCJE Senate Action: Card in support
  Senate Hearing Video: Criminal Justice, 4/10/19

• Resolution Number: HCR 33 [White]
  Resolution Caption: Expressing opposition to the enactment or enforcement in Texas of a law that automatically suspends the driver's license of an individual who is convicted of any drug-related offense.
  House Hearing Notice: Corrections, March 21, 2019
  TCJE House Action: Testimony in support
  House Hearing Video: Corrections, 3/21/19

• Resolution Number: SCR 10 [Johnson | Sponsor: White]
  Resolution Caption: Expressing opposition to the enactment or enforcement in Texas of a law that automatically suspends the driver's license of an individual who is convicted of any drug-related offense.
  Senate Hearing Notice: Criminal Justice, April 10, 2019
  TCJE Senate Action: Testimony in support
  Senate Hearing Video: Criminal Justice, 4/10/19

Other Bills Related to Driver’s License Suspensions

• Bill Number: HB 162 [White | Sponsor: Zaffirini]
  Bill Caption: Relating to the period of certain driver's license suspensions.
  House Hearing Notice: Homeland Security & Public Safety, February 27, 2019
  TCJE House Action: Card in support
  House Hearing Video: Homeland Security & Public Safety, 2/27/19
  Senate Hearing Notice: Transportation, May 15, 2019
  TCJE Senate Action: Card in support
  Senate Hearing Video: Transportation, 5/15/19
  Signed by the Governor; effective on 9/1/2019

• Bill Number: HB 1372 [White]
  Bill Caption: Relating to the administrative, civil, and criminal consequences imposed on persons arrested for, charged with, or convicted of certain criminal offenses, including certain conditions of suspension or renewal of a driver's license.