Bill would let courts solve driver's license argument

By Brandi Grissom
Austin Bureau
Posted: 05/14/2009 12:11:20 AM MDT

AUSTIN -- A sweeping bill the state House tentatively approved Wednesday would leave it to the courts to decide whether Texas can link immigration status to whether someone gets a driver's license.

Overall, the measure is meant to give new direction to the Texas Department of Public Safety, which has been beset by controversy during the past year.

Troubles at the department started with a still-unsolved arson at the Governor's Mansion last summer. That was was followed by the departure of two department leaders, including one who resigned this month. The department has also been sued twice over driver's license rules it adopted in October.

"We've certainly had our struggles, but we're working hard to change our culture," said state Rep. Lois Kolkhorst, R-Brenham, author of the bill.

Perhaps the most contentious issue has been that the department's practices have prevented some legal U.S. residents from getting driver's licenses.

Department rules deny licenses and identification cards to people whose legal right to be in the United States expires in fewer than six months. The department also started printing "TEMPORARY VISITOR" on vertically oriented licenses for all non-U.S. citizens.

The department and Gov. Rick Perry said the rules were designed to prevent undocumented immigrants from obtaining driver's licenses and to protect the integrity of a license as an identifying document.

That led to lawsuits, which claimed that the department was mistreating people with a legal right to be in the United States.

A state district judge earlier this year agreed with the Mexican American Legal Defense and Educational Fund in a lawsuit that claimed the department overstepped its authority by imposing the driver's license rules without a mandate from lawmakers.

"We think there's a problem when you tie (driver's licenses) to immigration status and proof of citizenship," said MALDEF legislative attorney Luis Figueroa.

The department appealed the ruling and is still denying licenses to legal immigrants on short-term visas.

Lawmakers have been arguing over whether the rules should continue.

Kolkhorst's bill originally would have made similar rules permanent and required drivers to prove their legal status before getting a license.

Other lawmakers, primarily Democrats, have argued that the state should not tie immigration status to driver's license requirements. Doing so, they have said, would turn driver's license agents into de facto immigration officers and result in more people driving without licenses, making Texas roads less safe.

To avoid a protracted fight over the issue, Kolkhorst decided to remove the driver's license requirements from her bill entirely.

Figueroa said that without lawmakers' direction on the driver's license rules, the courts would be left to settle the issue.

The DPS interim director, Col. Lamar Beckwith, said he could not discuss the driver's license issue because of the pending court case.

"We'll have to wait and see what the lawmakers' decisions are," he said.

The driver's license rules also could be dealt with in other legislation that is still pending, Kolkhorst said.

Brandi Grissom may be reached at bgrissom@elpasotimes.com; 512-479-6606.

House calls for DPS reforms

Texas House members on Wednesday approved a bill meant to reform the Texas Department of Public Safety after a year of troubles. The measure next moves to the Senate for approval, and if approved, it will go to the governor for his signature. The bill would:

Create an inspector general who would report directly to the Texas Public Safety Commission, which oversees the department. The inspector would be responsible for detecting and preventing crime within the department.

Require the department director to have at least five years of police experience and five years of management experience, and would allow for a nationwide candidate search instead of seeking only Texas applicants.

Issue millions in grants for border security instead of allowing Gov. Rick Perry to distribute the money. That would largely remove the governor's control of border security operations he has championed since 2005.

Increase inspection fees from $12.50 to $14. Inspection fees for mopeds would go from $5.75 to $6.75.

Train driver's license employees to understand citizenship documents. They would also have to complete customer service training and would be prohibited from racial profiling.

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