By: Bivins S.B. No. 1403
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the automatic suspension of the driver's license of a
1-2 person convicted of certain drug offenses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Section 24B, Chapter 173, Acts of
1-5 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1-6 Vernon's Texas Civil Statutes), is amended to read as follows:
1-7 Sec. 24B. AUTOMATIC SUSPENSION OF LICENSE ON CONVICTION OF
1-8 CERTAIN <FELONY> DRUG OFFENSES.
1-9 SECTION 2. Subdivision (2), Subsection (a), Section 24B,
1-10 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
1-11 (Article 6687b, Vernon's Texas Civil Statutes), is amended to read
1-12 as follows:
1-13 (2) "Drug offense" means:
1-14 (A) an offense under the Controlled Substances
1-15 Act that involves the possession, distribution, manufacture,
1-16 cultivation, sale, transfer, or attempt or conspiracy to possess,
1-17 distribute, manufacture, cultivate, sell, or transfer any substance
1-18 the possession of which is prohibited under the Controlled
1-19 Substances Act;
1-20 (B) an offense under Chapter 481, Health and
1-21 Safety Code; or
1-22 (C) an offense that proscribes the operation of
1-23 a motor vehicle under the influence of a substance the possession
1-24 of which is prohibited under the Controlled Substances Act or
2-1 Chapter 481, Health and Safety Code, including:
2-2 (i) an offense under Section 49.04, Penal
2-3 Code, committed as a result of the introduction into the body of a
2-4 substance the possession of which is prohibited under the
2-5 Controlled Substances Act or Chapter 481, Health and Safety Code;
2-6 and
2-7 (ii) an offense under Section 49.07 or
2-8 49.08, Penal Code, involving the operation of a motor vehicle,
2-9 committed as a result of the introduction into the body of a
2-10 substance the possession of which is prohibited under the
2-11 Controlled Substances Act or Chapter 481, Health and Safety Code
2-12 <has the meaning assigned by 23 U.S.C. Section 159(c) and includes
2-13 an offense under Article 6701l-1, Revised Statutes, or Section
2-14 19.05(a)(2), Penal Code, committed as a result of the introduction
2-15 into the body of any substance the possession of which is
2-16 prohibited under the Controlled Substances Act>.
2-17 SECTION 3. Subsection (b), Section 24B, Chapter 173, Acts of
2-18 the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-19 Vernon's Texas Civil Statutes), is amended to read as follows:
2-20 (b) The driver's license, if any, of a person shall be
2-21 automatically suspended on final conviction of<:>
2-22 <(1) an offense under the Controlled Substances Act;>
2-23 <(2)> a drug offense<; or>
2-24 <(3) a felony under Chapter 481, Health and Safety
2-25 Code, that is not a drug offense>.
2-26 SECTION 4. This Act takes effect September 1, 1995. The
2-27 changes in law made by this Act apply only to a person convicted of
3-1 an offense committed or for conduct engaged in on or after the
3-2 effective date of this Act. For purposes of this section, an
3-3 offense was committed or conduct was engaged in before the
3-4 effective date of this Act if any element of the offense or conduct
3-5 occurred before the effective date of this Act. An offense
3-6 committed or conduct engaged in before the effective date of this
3-7 Act is covered by the law in effect when the offense was committed
3-8 or the conduct was engaged in, and the former law is continued in
3-9 effect for that purpose.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.