Emilio D. Santos 

Governor Perry veto will affect not only immigrants but all our state public safety as well

By Emilio D. Santos 

            I was appalled when Governor Rick Perry vetoed the  H.B. 396, relating to the requirement that an applicant for a driver's license shall provide a Social Security number and certain identification information to the Department of Public Safety.

The veto is a terrible mistake. It will affect not only immigrants but also all our state public safety.

The recent press coverage of one-sided articles when reported the incident of Jenna Bush, the Presidents daughter, for pretending to use a fake ID to consume alcohol.  The articles missed the main point. Practically every -18 to 20 year old- adult has at least one fake ID to acquire alcoholic beverages or to be admitted in some places.

It is absolutely unrealistic and absurd to assume if the state of Texas denies the immigrants right or privilege to drive legally, they will abstain them from driving

Making alcohol illegal for under 21 and the Governor’s veto will only invite transgressions.  If the people without Social Security are unable to obtain a driver license they will be unable to obtain insurance. The fact is: people will continue driving without driver license or using fake driver licenses, and driving without insurance, then our insurance rates will be up. 

In addition we should considerer that there is no Texas law that requires to hold or provide Social Security numbers for a drivers license or renewal. Actually only if you are under investigation or subject of child support enforcement, the Texas Department of Public Safety may collect your number of social security only for said purpose.

During the 76th legislature State Representative Bob Turner of Coleman introduced the H.B. No 2938 proposing amending the Transportation Code as follows: Section 521.142 “An application for original license must state the applicant’s full name, [and] place and date of birth, and social security number.” The bill never passed. Then there is no obligation to provide the social security number.           

The governor’s veto of HB 396 didn’t allow to modify the Family Code, then the “licensing authority”  has no authority to collect social security numbers other than for the assistance of the location of persons and property of individuals under obligation to pay child or medical support.

Since The HB 298 bill never passed by the 76 legislature, it means that the legislature didn’t approve it, and the Governor vetoed the 77th legislature Bill HB 396, if the DPS continues requiring a Social Security number to issue a driver license it is a violation of the republican form of government prescribed on bill of Rights of the Texas Constitution.

Governor Perry stated “ to basically give you something that is a privilege in the state of Texas when you are not in the state legally,” But what Perry forgot or ignored was that not all the non-citizens without social security are illegally in Texas. Temporary workers, students, investors, faculty members, refuges and their families live in Texas with the proper non-immigrant visa, and pay federal and state taxes. They should have a Texas Driver License nevertheless they have a IRS Individual Taxpayer Identification  Number (ITIN) instead of a Social Security number.

And all of the above described temporary residents as well as the undocumented aliens work, expend, drive, marry, divorce, pay taxes, and live in Texas like any other US citizen or permanent resident.

The immigration is a federal issue. I don’t care if the federal government or other states like our Texas laws or messages implied. I care about our Texas safety and my question is simple. It is not easier to locate, serve any civil process or arrest any person in Texas if the person has a Texas Driver License?

 

 

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