BILL ANALYSIS


                                                        S.B. 1403
                                                       By: Bivins
                                                    State Affairs
                                                          4-11-95
                                     Committee Report (Unamended)
BACKGROUND

Section 333 of the Department of Transportation and Related
Agencies Appropriations Act of 1991 requires the withholding of
certain federal-aid highway funds from states that do not enact
legislation requiring the revocation or suspension of a driver's
license upon an individual's conviction for any violation of the
Controlled Substances Act or any other drug offense.  Texas' law
required the suspension of an individual's driver's license only
for felony drug offenses.

In 1993, S.B. 387 was passed to remedy this problem.  It has been
interpreted that this legislation also only applies to federal
felonies.  However, very few drug offenders are going through the
new Drug Offender Education Program because attorneys and courts
are interpreting the statute to only apply to felony offenses, not
state offenses also.  In addition, the lack of clarity in the
existing statute has led to the suspension of relatively few
driver's licenses.

PURPOSE

As proposed, S.B. 1403 expands the list of offenses considered
"drug offenses" for the purposes of offenses requiring the
automatic suspension of the driver's license.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 24B, Article 6687b, V.T.C.S., as follows:

     Sec. 24B.  New heading:  AUTOMATIC SUSPENSION OF LICENSE ON
     CONVICTION OF CERTAIN DRUG OFFENSES.
SECTION 2. Amends Section 24B(a)(2), Article 6687b, V.T.C.S., to
redefine "drug offense."

SECTION 3. Amends Section 24B(b), Article 6687b, V.T.C.S., to
delete provisions requiring an automatic suspension of a driver's
license if the person is convicted of an offense under the
Controlled Substances Act or a felony under Chapter 481, Health and
Safety Code, that is not a drug offense.

SECTION 4. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 5. Emergency clause.