By Cuellar of Webb H.B. No. 1004
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to applying criminal rules of evidence in delinquent
1-3 conduct cases under the Family Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
1-5 SECTION 1. Section 51.17, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 51.17. PROCEDURE AND EVIDENCE. (a) Except when in
1-8 conflict with a provision of this title, the Texas Rules of Civil
1-9 Procedure govern proceedings under this title. <Particular
1-10 reference is made to the burden of proof to be borne by the state
1-11 in adjudicating a child to be delinquent or in need of supervision
1-12 (Section 54.03(f)).>
1-13 (b) The Texas Rules of Criminal Evidence and the Texas Rules
1-14 of Criminal Procedure govern all proceedings in delinquent conduct
1-15 cases under this title.
1-16 SECTION 2. SEVERABILITY. If any section, sentence, clause,
1-17 or part of this Act shall, for any reason, be held invalid, such
1-18 invalidity shall not affect the remaining portions of the Act, and
1-19 it is hereby declared to be the intention of this legislature to
1-20 have passed each section, sentence, clause, or part irrespective of
1-21 the fact that any other section, sentence, clause, or part may be
1-22 declared invalid.
1-23 SECTION 3. CIVIL CAUSES OF ACTION. The changes in law made
2-1 by this Act apply only to a cause of action that accrues on or
2-2 after the effective date of this article. A cause of action that
2-3 accrues before the effective date of this article is governed by
2-4 the law in effect on the date the cause of action accrues, and that
2-5 law is continued in effect for this purpose.
2-6 SECTION 4. CRIMINAL OFFENSES OR VIOLATIONS. (a) The
2-7 changes in law made by this Act apply only to a criminal offense
2-8 committed or a violation that occurs on or after the effective date
2-9 of this Act. For the purposes of this Act, a criminal offense is
2-10 committed or a violation occurs before the effective date of this
2-11 Act if any element of the offense or violation occurs before that
2-12 date.
2-13 (b) A criminal offense committed or violation that occurs
2-14 before the effective date of this Act is covered by the law in
2-15 effect when the criminal offense was committed or the violation
2-16 occurred, and the former law is continued in effect for this
2-17 purpose.
2-18 SECTION 5. EFFECTIVE DATE. This Act takes effect on
2-19 September 1, 1995.
2-20 SECTION 6. EMERGENCY. The importance of this legislation
2-21 and the crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.