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.