By Hamric H.B. No. 2976
74R6043 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of a driver's license of a juvenile who
1-3 engages in criminal mischief.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.042, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 54.042. LICENSE SUSPENSION. (a) A juvenile court, in
1-8 a disposition hearing under Section 54.04 of this code, shall:
1-9 (1) order the Department of Public Safety to suspend a
1-10 child's driver's license or permit, or if the child does not have a
1-11 license or permit, to deny the issuance of a license or permit to
1-12 the child if the court finds that the child has engaged in conduct
1-13 that violates:
1-14 (A) a law of this state enumerated in Section
1-15 24(a-1), Chapter 173, Acts of the 47th Legislature, Regular
1-16 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes); or
1-17 (B) Section 28.03(a)(3), Penal Code; or
1-18 (2) notify the Department of Public Safety of the
1-19 adjudication, if the court finds that the child has engaged in
1-20 conduct that violates a law of this state enumerated in Section
1-21 24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
1-22 1941 (Article 6687b, Vernon's Texas Civil Statutes).
1-23 (b) The order under Subsection (a)(1)(A) of this section
1-24 shall specify a period of suspension or denial that is:
2-1 (1) until the child reaches the age of 17 or for a
2-2 period of 365 days, whichever is longer; or
2-3 (2) if the court finds that the child has engaged in
2-4 conduct violating the laws of this state prohibiting driving while
2-5 intoxicated, by reason of the introduction of alcohol into the
2-6 body, under Article 6701l-1, Revised Statutes, and also determines
2-7 that the child has previously been found to have engaged in conduct
2-8 violating the same laws, until the child reaches the age of 19 or
2-9 for a period of 365 days, whichever is longer.
2-10 (c) The order under Subsection (a)(1)(B) shall require:
2-11 (1) the suspension of a license for:
2-12 (A) 365 days after the date the court enters the
2-13 order; or
2-14 (B) two years after the date the court enters
2-15 the order, if the court finds that the child has been previously
2-16 adjudicated as having engaged in conduct violating Section
2-17 28.03(a)(3), Penal Code; or
2-18 (2) the denial of a license for:
2-19 (A) 365 days after the date the child becomes
2-20 eligible to apply for a license or renew a suspended license; or
2-21 (B) two years after the date the child becomes
2-22 eligible to apply for a license or renew a suspended license, if
2-23 the court finds that the child has been previously adjudicated as
2-24 having engaged in conduct violating Section 28.03(a)(3), Penal
2-25 Code.
2-26 (d) A child whose driver's license or permit has been
2-27 suspended or denied pursuant to this section may, if the child is
3-1 otherwise eligible for, and fulfils the requirements for issuance
3-2 of, a provisional driver's license or permit under Chapter 173,
3-3 Acts of the 47th Legislature, Regular Session, 1941, as amended
3-4 (Article 6687b, Vernon's Texas Civil Statutes), apply for and
3-5 receive an occupational license in accordance with the provisions
3-6 of Section 23A, Chapter 173, Acts of the 47th Legislature, Regular
3-7 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
3-8 Statutes).
3-9 (e) <(d)> A juvenile court, in a disposition hearing under
3-10 Section 54.04 of this code, may order the Department of Public
3-11 Safety to suspend a child's driver's license or permit or, if the
3-12 child does not have a license or permit, to deny the issuance of a
3-13 license or permit to the child for a period not to exceed six
3-14 months if the court finds that the child has engaged in conduct in
3-15 need of supervision or delinquent conduct other than the conduct
3-16 described by Subsection (a) of this section.
3-17 (f) <(e)> A juvenile court that places a child on probation
3-18 under Section 54.04 of this code may require as a reasonable
3-19 condition of the probation that if the child violates the
3-20 probation, the court may order the Department of Public Safety to
3-21 suspend the child's driver's license or permit or, if the child
3-22 does not have a license or permit, to deny the issuance of a
3-23 license or permit to the child for a period not to exceed six
3-24 months. The court may make this order if a child that is on
3-25 probation under this condition violates the probation. A
3-26 suspension under this subsection is cumulative of any other
3-27 suspension under this section.
4-1 SECTION 2. (a) The change in law made by Section 54.042,
4-2 Family Code, as amended by this Act, applies only to conduct that
4-3 occurs on or after the effective date of this Act. Conduct
4-4 violating a penal law of this state occurs on or after the
4-5 effective date of this Act if every element of the violation occurs
4-6 on or after that date.
4-7 (b) Conduct that occurs before the effective date of this
4-8 Act is covered by the law in effect at the time the conduct
4-9 occurred, and the former law is continued in effect for that
4-10 purpose.
4-11 SECTION 3. This Act takes effect September 1, 1995.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.