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.