By Hamric H.B. No. 918
74R2556 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for, or disposition of juvenile cases
1-3 involving, the offenses of transfer of a weapon to a minor and
1-4 possession of a weapon by a minor.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.06(d), Penal Code, is amended to read
1-7 as follows:
1-8 (d) An offense under this section is a Class A misdemeanor
1-9 unless the offense is committed under Subsection (a)(2), in which
1-10 event the offense is a felony of the third degree.
1-11 SECTION 2. Sections 54.042(a) and (b), Family Code, are
1-12 amended to read as follows:
1-13 (a) A juvenile court, in a disposition hearing under Section
1-14 54.04 of this code, shall:
1-15 (1) order the Department of Public Safety to suspend a
1-16 child's driver's license or permit, or if the child does not have a
1-17 license or permit, to deny the issuance of a license or permit to
1-18 the child if the court finds that the child:
1-19 (A) has engaged in conduct that violates a law
1-20 of this state enumerated in Section 24(a-1), Chapter 173, Acts of
1-21 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1-22 Vernon's Texas Civil Statutes); or
1-23 (B) possessed a firearm in violation of a penal
1-24 law other than an offense defined by the Parks and Wildlife Code or
2-1 used a firearm during the commission of a violation of a penal law
2-2 other than an offense defined by the Parks and Wildlife Code; or
2-3 (2) notify the Department of Public Safety of the
2-4 adjudication, if the court finds that the child has engaged in
2-5 conduct that violates a law of this state enumerated in Section
2-6 24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
2-7 1941 (Article 6687b, Vernon's Texas Civil Statutes).
2-8 (b) The order under Subsection (a)(1) of this section shall
2-9 specify a period of suspension or denial that is:
2-10 (1) until the child reaches the age of 17 or for a
2-11 period of 365 days, whichever is longer; <or>
2-12 (2) if the court finds that the child has engaged in
2-13 conduct violating the laws of this state prohibiting driving while
2-14 intoxicated, by reason of the introduction of alcohol into the
2-15 body, under Section 49.04, Penal Code <Article 6701l-1, Revised
2-16 Statutes>, and also determines that the child has previously been
2-17 found to have engaged in conduct violating the same laws, until the
2-18 child reaches the age of 19 or for a period of 365 days, whichever
2-19 is longer; or
2-20 (3) if the court finds that the child possessed a
2-21 firearm in violation of a penal law other than an offense defined
2-22 by the Parks and Wildlife Code or used a firearm during the
2-23 commission of a violation of a penal law other than an offense
2-24 defined by the Parks and Wildlife Code, until the child reaches the
2-25 age of 17 or for a period of two years, whichever is longer.
2-26 SECTION 3. (a) The change in law made by this Act applies
2-27 only to conduct violating a penal law that occurs on or after the
3-1 effective date of this Act. For purposes of this section, conduct
3-2 occurs before the effective date of this Act if any element of the
3-3 violation occurs before the effective date.
3-4 (b) Conduct that occurs before the effective date of this
3-5 Act is covered by the law in effect when the conduct occurred, and
3-6 the former law is continued in effect for this purpose.
3-7 SECTION 4. This Act takes effect September 1, 1995.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.