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.