H.B. No. 323
1-1 AN ACT
1-2 relating to the classification of federal offenses as delinquent
1-3 conduct for purposes of state law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.03(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) Delinquent conduct is:
1-8 (1) conduct, other than a traffic offense, that
1-9 violates a penal law of this state or of the United States
1-10 punishable by imprisonment or by confinement in jail;
1-11 (2) conduct that violates a reasonable and lawful
1-12 order of a juvenile court entered under Section 54.04 or 54.05 of
1-13 this code, except an order prohibiting the following conduct:
1-14 (A) a violation of the penal laws of this state
1-15 of the grade of misdemeanor that is punishable by fine only or a
1-16 violation of the penal ordinances of any political subdivision of
1-17 this state;
1-18 (B) the unexcused voluntary absence of a child
1-19 from school; or
1-20 (C) the voluntary absence of a child from his
1-21 home without the consent of his parent or guardian for a
1-22 substantial length of time or without intent to return; or
1-23 (3) conduct that violates the laws of this state
1-24 prohibiting driving while intoxicated or under the influence of
2-1 intoxicating liquor (third or subsequent offense) or driving while
2-2 under the influence of any narcotic drug or of any other drug to
2-3 the degree that renders the child incapable of safely driving a
2-4 vehicle (third or subsequent offense).
2-5 SECTION 2. (a) The substantive change in law made by this
2-6 Act relating to conduct that violates a penal law of the United
2-7 States applies only to conduct that occurs on or after the
2-8 effective date of this Act. Conduct violating a penal law of the
2-9 United States occurs on or after the effective date of this Act if
2-10 every element of the violation occurs on or after that date.
2-11 (b) Conduct that occurs before the effective date of this
2-12 Act is covered by the law in effect at the time the conduct
2-13 occurred, and the former law is continued in effect for that
2-14 purpose.
2-15 SECTION 3. This Act takes effect September 1, 1993.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.