1-1 By: Gallego (Senate Sponsor - Zaffirini) H.B. No. 323
1-2 (In the Senate - Received from the House March 11, 1993;
1-3 March 15, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 6, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; April 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the classification of federal offenses as delinquent
1-18 conduct for purposes of state law.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 51.03(a), Family Code, is amended to read
1-21 as follows:
1-22 (a) Delinquent conduct is:
1-23 (1) conduct, other than a traffic offense, that
1-24 violates a penal law of this state or of the United States
1-25 punishable by imprisonment or by confinement in jail;
1-26 (2) conduct that violates a reasonable and lawful
1-27 order of a juvenile court entered under Section 54.04 or 54.05 of
1-28 this code, except an order prohibiting the following conduct:
1-29 (A) a violation of the penal laws of this state
1-30 of the grade of misdemeanor that is punishable by fine only or a
1-31 violation of the penal ordinances of any political subdivision of
1-32 this state;
1-33 (B) the unexcused voluntary absence of a child
1-34 from school; or
1-35 (C) the voluntary absence of a child from his
1-36 home without the consent of his parent or guardian for a
1-37 substantial length of time or without intent to return; or
1-38 (3) conduct that violates the laws of this state
1-39 prohibiting driving while intoxicated or under the influence of
1-40 intoxicating liquor (third or subsequent offense) or driving while
1-41 under the influence of any narcotic drug or of any other drug to
1-42 the degree that renders the child incapable of safely driving a
1-43 vehicle (third or subsequent offense).
1-44 SECTION 2. (a) The substantive change in law made by this
1-45 Act relating to conduct that violates a penal law of the United
1-46 States applies only to conduct that occurs on or after the
1-47 effective date of this Act. Conduct violating a penal law of the
1-48 United States occurs on or after the effective date of this Act if
1-49 every element of the violation occurs on or after that date.
1-50 (b) Conduct that occurs before the effective date of this
1-51 Act is covered by the law in effect at the time the conduct
1-52 occurred, and the former law is continued in effect for that
1-53 purpose.
1-54 SECTION 3. This Act takes effect September 1, 1993.
1-55 SECTION 4. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended.
1-60 * * * * *
1-61 Austin,
1-62 Texas
1-63 April 6, 1993
1-64 Hon. Bob Bullock
1-65 President of the Senate
1-66 Sir:
1-67 We, your Committee on Jurisprudence to which was referred H.B.
1-68 No. 323, have had the same under consideration, and I am instructed
2-1 to report it back to the Senate with the recommendation that it do
2-2 pass and be printed.
2-3 Henderson,
2-4 Chairman
2-5 * * * * *
2-6 WITNESSES
2-7 No witnesses appeared on H.B. No. 323.