By Carona, et al. H.B. No. 8
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to flight from or attempting to elude a police officer or
1-3 evading arrest.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 24(a), Chapter 173, Acts of the 47th
1-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 (a) Except as provided by Subsection (g) of this Section,
1-9 the license of any person shall be automatically suspended upon
1-10 final conviction of:
1-11 (1) an offense under Section 19.07, Penal Code,
1-12 committed as a result of the person's criminally negligent
1-13 operation of a motor vehicle;
1-14 (2) an offense under Section 19.05(a)(2), Penal Code;
1-15 (3) an offense under Article 6701l-1, Revised
1-16 Statutes;
1-17 (4) an offense punishable as a felony under the motor
1-18 vehicle laws of this State;
1-19 (5) an offense under Section 38, Uniform Act
1-20 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-21 Statutes); <or>
1-22 (6) an offense under Section 32 or 32A of this Act; or
1-23 (7) an offense under Section 38.04(a), Penal Code, if
1-24 the person operated a motor vehicle during the commission of the
2-1 offense.
2-2 SECTION 2. Chapter 2, Code of Criminal Procedure, is amended
2-3 by adding Article 2.131 to read as follows:
2-4 Art. 2.131. Notwithstanding the provisions of Article 2.13
2-5 of this code, a peace officer may not be required to operate a
2-6 motor vehicle in a manner clearly dangerous to public safety while
2-7 pursuing an individual who is fleeing the officer in a motor
2-8 vehicle and whom the officer suspects of committing only the
2-9 offense of theft of a motor vehicle or unauthorized use of a motor
2-10 vehicle.
2-11 SECTION 3. This Act takes effect September 1, 1993. The
2-12 changes in law made by this Act apply only to offenses committed on
2-13 or after that date. An offense committed before the effective date
2-14 of this Act is covered by the law in effect when the offense was
2-15 committed, and the former law is continued in effect for that
2-16 purpose. For purposes of this section, an offense was committed
2-17 before the effective date of this Act if any element of the offense
2-18 occurred before that date.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.