THE PROPOSED TOOL IS IN THE FORM OF A PRESUMPTION: THE ACCUSED IS PRESUMED TO HAVE UNLAWFULLY AND KNOWINGLY POSSESSED CONTRABAND IF TWO FACTS -- THE ACCUSED'S PRESENCE IN THE AUTOMOBILE WHERE THE CONTRABAND IS FOUND, AND THE ACCUSED'S POSSESSION OF AND CONTROL OVER THE AUTOMOBILE -- ARE PROVED. SUCH A TOOL HAS BEEN DETERMINED JUDICIALLY NOT TO DENY DUE PROCESS UNDER THE CONSTITUTION SO LONG AS A RIGID TWO-PART TEST IS MET. A BROAD EXAMPLE OF SUCH A PRESUMPTION HAS BEEN ENACTED AS A STATUTE IN NEW YORK. TEXAS LAW NEED NOT BE STRETCHED OR BENT TO ACCOMMODATE SUCH A PRESUMPTION IN CRIMINAL POSSESSION CASES. THE EFFECT OF THE PROPOSED PRESUMPTION WOULD NOT BE TO CONVICT AUTOMATICALLY THE DRIVER OF EVERY CAR IN WHICH A CONTROLLED SUBSTANCE IS FOUND. THE EFFECT WOULD BE TO RELIEVE THE PROSECUTION OF THE BURDEN OF PRODUCING ADDITIONAL FACT AND CIRCUMSTANCES TO LINK THE ACCUSED TO THE MATERIAL WHEN THE COURT IS SATISFIED THAT THE EVIDENCE ON THE WHOLE WOULD NOT PRECLUDE A JURY FINDING OF THE PRESUMED FACT BEYOND A REASONABLE DOUBT. THE PRESUMPTION DOES NOT CONVICT; IT ALLOWS THE JURY TO CONVICT WHERE IT IS CONVINCED OF THE ACCUSED'S GUILT BY THE REQUISITE MEASURE OF PROOF. (AUTHOR ABSTRACT MODIFIED--LKM)