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.