By De La Garza                                         H.B. No. 440
       74R2693 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to decreasing the age of criminal responsibility for
    1-3  offenses committed by minors under the Alcoholic Beverage Code.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 8.07(a) and (b), Penal Code, are amended
    1-6  to read as follows:
    1-7        (a)  A person may not be prosecuted for or convicted of any
    1-8  offense that he committed when younger than 15 years of age except:
    1-9              (1)  perjury and aggravated perjury when it appears by
   1-10  proof that he had sufficient discretion to understand the nature
   1-11  and obligation of an oath;
   1-12              (2)  a violation of a penal statute cognizable under
   1-13  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
   1-14  (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
   1-15  which violates the laws of this state prohibiting driving while
   1-16  intoxicated or under the influence of intoxicating liquor (first or
   1-17  subsequent offense) or driving while under the influence of any
   1-18  narcotic drug or of any other drug to a degree which renders him
   1-19  incapable of safely driving a vehicle (first or subsequent
   1-20  offense);
   1-21              (3)  a violation of a motor vehicle traffic ordinance
   1-22  of an incorporated city or town in this state;
   1-23              (4)  a misdemeanor punishable by fine only other than
   1-24  public intoxication; <or>
    2-1              (5)  a violation of a penal ordinance of a political
    2-2  subdivision; or
    2-3              (6)  a violation of a penal statute contained in
    2-4  Chapter 106, Alcoholic Beverage Code, committed by a person eight
    2-5  years of age or older.
    2-6        (b)  Unless the juvenile court waives jurisdiction and
    2-7  certifies the individual for criminal prosecution, a person may not
    2-8  be prosecuted for or convicted of any offense committed before
    2-9  reaching 17 years of age except:
   2-10              (1)  perjury and aggravated perjury when it appears by
   2-11  proof that he had sufficient discretion to understand the nature
   2-12  and obligation of an oath;
   2-13              (2)  a violation of a penal statute cognizable under
   2-14  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
   2-15  (Article 6701l-4, Vernon's Texas Civil Statutes), except conduct
   2-16  which violates the laws of this state prohibiting driving while
   2-17  intoxicated or under the influence of intoxicating liquor (first or
   2-18  subsequent offense) or driving while under the influence of any
   2-19  narcotic drug or of any other drug to a degree which renders him
   2-20  incapable of safely driving a vehicle (first or subsequent
   2-21  offense);
   2-22              (3)  a violation of a motor vehicle traffic ordinance
   2-23  of an incorporated city or town in this state;
   2-24              (4)  a misdemeanor punishable by fine only other than
   2-25  public intoxication; <or>
   2-26              (5)  a violation of a penal ordinance of a political
   2-27  subdivision; or
    3-1              (6)  a violation of a penal statute contained in
    3-2  Chapter 106, Alcoholic Beverage Code, committed by a person eight
    3-3  years of age or older.
    3-4        SECTION 2.  (a)  The change in law made by this Act applies
    3-5  only to an offense committed on or after the effective date of this
    3-6  Act.  For purposes of this section, an offense is committed before
    3-7  the effective date of this Act if any element of the offense occurs
    3-8  before that date.
    3-9        (b)  An offense committed before the effective date of this
   3-10  Act is covered by the law in effect when the offense was committed,
   3-11  and the former law is continued in effect for that purpose.
   3-12        SECTION 3.  The importance of this legislation and the
   3-13  crowded condition of the calendars in both houses create an
   3-14  emergency and an imperative public necessity that the
   3-15  constitutional rule requiring bills to be read on three several
   3-16  days in each house be suspended, and this rule is hereby suspended.