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.