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CONCURRENT RESOLUTION
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WHEREAS, The REAL ID Act of 2005 was enacted by the United |
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States Congress as part of a broad supplemental appropriations |
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package relating to homeland security issues; the act requires all |
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50 states to validate primary documents used to obtain a driver's |
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license or identification (ID) card and to issue licenses and ID |
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cards in a uniform, federally approved format if the licenses and |
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cards are to be accepted as identity documents by the federal |
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government; and |
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WHEREAS, The total cost for the initial implementation of the |
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new regulations has been estimated to be more than $11 billion, |
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though to date congress has appropriated only $40 million to the |
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effort; given the expense of the program and the minor |
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congressional contribution, the REAL ID Act is effectively an |
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unfunded mandate as federally approved identification is required |
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for a United States citizen to board a commercial airplane, make |
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transactions with a federally licensed financial institution, |
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enter a federal building, or apply for federally supported public |
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assistance, such as Social Security; and |
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WHEREAS, Not surprisingly, the anticipated cost for the State |
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of Texas is significant; the Texas Department of Public Safety |
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(DPS) recently informed the House Appropriations Committee that all |
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18.5 million Texas driver's licenses and ID cards must be verified |
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and reissued within five years under the act, prompting the agency |
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to request $268.7 million as an exceptional item in its 2008-2009 |
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budget; in addition, DPS has indicated it expects ongoing REAL |
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ID-related expenses to be $101.3 million per year; and |
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WHEREAS, In addition to unease about expense, provisions of |
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the REAL ID Act raise concerns about data security and possible |
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identity theft; the act requires statewide databases to be |
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integrated and shared with the federal government, but does not |
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establish clear security standards for the network nor designate an |
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entity to control access to the system; and |
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WHEREAS, These ambiguities in the legislation make it more |
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likely that information about a driver's license or ID card holder |
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could be illegally accessed through another state's less secure |
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system, creating a vulnerability where none currently exists and |
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increasing the likelihood of the very threat the program was |
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designed to minimize; furthermore, some states' officials have |
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pointed out that their computer systems are not even capable of |
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verifying documentation as required by the act; and |
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WHEREAS, The negative implications of the federal |
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regulations are raising concerns nationwide, with 21 states |
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currently considering legislation questioning, opposing, or |
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refusing to carry out the requirements of the REAL ID Act and |
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legislators from an additional 17 states having expressed their |
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intention to do so as well; considering the obvious fiscal |
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consequence to Texas and the considerable flaws inherent in the |
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federal requirements, it is incumbent on the State of Texas to act |
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likewise; now, therefore, be it |
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RESOLVED, That the 80th Legislature of the State of Texas |
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hereby refuse to implement the federal REAL ID Act of 2005; and, be |
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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 president of the United States, to |
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the speaker of the house of representatives and the president of the |
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senate of the United States Congress, and to all the members of the |
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Texas delegation to the congress with the request that this |
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resolution be officially entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |