1-1  By:  Bivins                                           S.B. No. 1403
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 11, 1995, reported favorably by the following vote:  Yeas 10,
    1-5  Nays 0; April 11, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the automatic suspension of the driver's license of a
    1-9  person convicted of certain drug offenses.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  The heading of Section 24B, Chapter 173, Acts of
   1-12  the 47th Legislature, Regular Session, 1941 (Article 6687b,
   1-13  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-14        Sec. 24B.  AUTOMATIC SUSPENSION OF LICENSE ON CONVICTION OF
   1-15  CERTAIN <FELONY> DRUG OFFENSES.
   1-16        SECTION 2.  Subdivision (2), Subsection (a), Section 24B,
   1-17  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
   1-18  (Article 6687b, Vernon's Texas Civil Statutes), is amended to read
   1-19  as follows:
   1-20              (2)  "Drug offense" means:
   1-21                    (A)  an offense under the Controlled Substances
   1-22  Act that involves the possession, distribution, manufacture,
   1-23  cultivation, sale, transfer, or attempt or conspiracy to possess,
   1-24  distribute, manufacture, cultivate, sell, or transfer any substance
   1-25  the possession of which is prohibited under the Controlled
   1-26  Substances Act;
   1-27                    (B)  an offense under Chapter 481, Health and
   1-28  Safety Code; or
   1-29                    (C)  an offense that proscribes the operation of
   1-30  a motor vehicle under the influence of a substance the possession
   1-31  of which is prohibited under the Controlled Substances Act or
   1-32  Chapter 481, Health and Safety Code, including:
   1-33                          (i)  an offense under Section 49.04, Penal
   1-34  Code, committed as a result of the introduction into the body of a
   1-35  substance the possession of which is prohibited under the
   1-36  Controlled Substances Act or Chapter 481, Health and Safety Code;
   1-37  and
   1-38                          (ii)  an offense under Section 49.07 or
   1-39  49.08, Penal Code, involving the operation of a motor vehicle,
   1-40  committed as a result of the introduction into the body of a
   1-41  substance the possession of which is prohibited under the
   1-42  Controlled Substances Act or Chapter 481, Health and Safety Code
   1-43  <has the meaning assigned by 23 U.S.C. Section 159(c) and includes
   1-44  an offense under Article 6701l-1, Revised Statutes, or Section
   1-45  19.05(a)(2), Penal Code, committed as a result of the introduction
   1-46  into the body of any substance the possession of which is
   1-47  prohibited under the Controlled Substances Act>.
   1-48        SECTION 3.  Subsection (b), Section 24B, Chapter 173, Acts of
   1-49  the 47th Legislature, Regular Session, 1941 (Article 6687b,
   1-50  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-51        (b)  The driver's license, if any, of a person shall be
   1-52  automatically suspended on final conviction of<:>
   1-53              <(1)  an offense under the Controlled Substances Act;>
   1-54              <(2)>  a drug offense<; or>
   1-55              <(3)  a felony under Chapter 481, Health and Safety
   1-56  Code, that is not a drug offense>.
   1-57        SECTION 4.  This Act takes effect September 1, 1995.  The
   1-58  changes in law made by this Act apply only to a person convicted of
   1-59  an offense committed or for conduct engaged in on or after the
   1-60  effective date of this Act.  For purposes of this section, an
   1-61  offense was committed or conduct was engaged in before the
   1-62  effective date of this Act if any element of the offense or conduct
   1-63  occurred before the effective date of this Act.  An offense
   1-64  committed or conduct engaged in before the effective date of this
   1-65  Act is covered by the law in effect when the offense was committed
   1-66  or the conduct was engaged in, and the former law is continued in
   1-67  effect for that purpose.
   1-68        SECTION 5.  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.
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