By Sibley S.B. No. 356
74R1041 JD-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. Section 49.04, Penal Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) For the purposes of Subsection (a), a person is presumed
1-8 to drive or operate a motor vehicle if the person:
1-9 (1) attempts to drive or operate the motor vehicle; or
1-10 (2) remains in or near the motor vehicle after the
1-11 vehicle has stopped moving, regardless of whether the person is
1-12 conscious, under circumstances that would reasonably establish that
1-13 the person had moved the motor vehicle immediately before it
1-14 stopped.
1-15 SECTION 2. (a) The change in law made by this Act applies
1-16 only to an offense committed on or after the effective date of this
1-17 Act. For purposes of this section, an offense was committed before
1-18 the effective date of this Act if any element of the offense
1-19 occurred before that date.
1-20 (b) An offense committed before the effective date of this
1-21 Act is covered by the law in effect when the offense was committed,
1-22 and the former law is continued in effect for that purpose.
1-23 SECTION 3. This Act takes effect September 1, 1995.
1-24 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.