Bill on DPS driver license policy fizzles in House

El Paso Times
By Brandi Grissom / Austin Bureau
Posted: 05/28/2009 12:00:00 AM MDT

AUSTIN -- Judges, not legislators, are likely to end up deciding whether Texas can deny driver licenses to some legal immigrants and issue different-looking licenses to others, after a bill in the Texas House died Wednesday night.

State Rep. Tommy Merritt, R-Longview, sponsored a bill that would have codified controversial rules the Texas Department of Public Safety adopted in October.

The intent of the rules was to prevent undocumented immigrants from obtaining state identification.

But the DPS rules also prohibit legal immigrants whose visas expire in fewer than six months from receiving driver licenses.

The department also started printing "Temporary Visitor" on vertically oriented licenses for all non-U.S. citizens.

The rules sparked two lawsuits.

In one, a state district judge earlier this year agreed with the Mexican American Legal Defense and Educational Fund and ruled that the department had overstepped its authority by imposing the license rules without a mandate from lawmakers.

The department has appealed the judge's decision and is continuing to enforce its rules.

Merritt had hoped codifying the rules would end the legal fight, but he said groups such as MALDEF opposed the bill because it was in their best interest to let the case linger in court.

"They're making money off the courts," Merritt said.

Luis Figueroa, legislative attorney from MALDEF, said the organization makes no money off its court cases and does not charge clients for legal
work.

The problem with Merritt's bill, he said, was that it would have prevented citizens and legal U.S. residents from obtaining driver licenses.

"The goal is making driver's licenses accessible," he said.

Figueroa said he was confident that appeals courts would rule against the state's driver license rule.

Merritt said legislative efforts to remedy the case were probably over for this session, which ends Monday.

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

http://www.elpasotimes.com/ci_12464515