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.
2-5 * * * * *