By:  Sibley                                             S.B. No. 54
       73R960 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to driving or operating a motor vehicle for purposes of
    1-3  the law governing driving while intoxicated.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsection (b), Article 6701l-1, Revised
    1-6  Statutes, is amended to read as follows:
    1-7        (b)  A person commits an offense if the person is intoxicated
    1-8  while driving or operating a motor vehicle in a public place.  The
    1-9  fact that any person charged with a violation of this section is or
   1-10  has been entitled to use a controlled substance or drug under the
   1-11  laws of this state is not a defense.  For the purposes of this
   1-12  article, a person is considered to drive or operate a motor vehicle
   1-13  if the person:
   1-14              (1)  moves or attempts to move the motor vehicle; or
   1-15              (2)  remains in or near the motor vehicle after the
   1-16  vehicle has stopped moving, regardless of whether the person is
   1-17  conscious, under circumstances that would reasonably establish that
   1-18  the person had moved the motor vehicle immediately before it
   1-19  stopped.
   1-20        SECTION 2.  (a)  The changes in law made by this Act apply
   1-21  only to an offense committed on or after the effective date of this
   1-22  Act.  For purposes of this section, an offense was committed before
   1-23  the effective date of this Act if any element of the offense
   1-24  occurred before that date.
    2-1        (b)  An offense committed before the effective date of this
    2-2  Act is covered by the law in effect when the offense was committed,
    2-3  and the former law is continued in effect for this purpose.
    2-4        SECTION 3.  This Act takes effect September 1, 1993.
    2-5        SECTION 4.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency   and   an   imperative   public   necessity   that   the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.