Amend CSHB 260 by adding appropriately numbered SECTIONS to
read as follows and by renumbering existing SECTIONS accordingly:
SECTION __. Section 54.042, Family Code, is amended to read
as follows:
Sec. 54.042. ]SLICENSE SUSPENSION . (a) A juvenile court, in
a disposition hearing under Section 54.04 <of this code>, may
<shall>:
(1) order the Department of Public Safety to suspend a
child's driver's license or permit, or if the child does not have a
license or permit, to deny the issuance of a license or permit to
the child if the court finds that the child has engaged in conduct
that violates a law of this state enumerated in Section 521.342(a),
Transportation Code <24(a-1), Chapter 173, Acts of the 47th
Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
Civil Statutes)>; or
(2) notify the Department of Public Safety of the
adjudication, if the court finds that the child has engaged in
conduct that violates a law of this state enumerated in Section
521.372(a), Transportation Code <24B(b), Chapter 173, Acts of the
47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
Texas Civil Statutes)>.
(b) A juvenile court, in a disposition hearing under Section
54.04, may order the Department of Public Safety to suspend a
child's driver's license or permit, or if the child does not have a
license or permit to deny the issuance of a license or permit to
the child, if the court finds that the child has engaged in conduct
that violates Section 28.08, Penal Code.
(c) The order under Subsection (a)(1) <of this section>
shall specify a period of suspension or denial that is until the
child reaches the age of 19 or for a period of 365 days, whichever
is longer.
(d) <(c)> The order under Subsection (b) shall specify a
period of suspension or denial that is:
(1) for a period not to exceed 365 days; or
(2) if the court finds the child has been previously
adjudicated as having engaged in conduct violating Section 28.08,
Penal Code, until the child reaches the age of 19 or for a period
not to exceed 365 days, whichever is longer.
(e) A child whose driver's license or permit has been
suspended or denied pursuant to this section may, if the child is
otherwise eligible for, and fulfills the requirements for issuance
of, a provisional driver's license or permit under Chapter 521,
Transportation Code <Chapter 173, Acts of the 47th Legislature,
Regular Session, 1941, as amended (Article 6687b, Vernon's Texas
Civil Statutes)>, apply for and receive an occupational license in
accordance with the provisions of Subchapter L of that chapter
<Section 23A, Chapter 173, Acts of the 47th Legislature, Regular
Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
Statutes)>.
(f) <(d)> A juvenile court, in a disposition hearing under
Section 54.04 <of this code>, may order the Department of Public
Safety to suspend a child's driver's license or permit or, if the
child does not have a license or permit, to deny the issuance of a
license or permit to the child for a period not to exceed 12 months
if the court finds that the child has engaged in conduct in need of
supervision or delinquent conduct other than the conduct described
by Subsection (a) <of this section>.
(g) <(e)> A juvenile court that places a child on probation
under Section 54.04 <of this code> may require as a reasonable
condition of the probation that if the child violates the
probation, the court may order the Department of Public Safety to
suspend the child's driver's license or permit or, if the child
does not have a license or permit, to deny the issuance of a
license or permit to the child for a period not to exceed 12
months. The court may make this order if a child that is on
probation under this condition violates the probation. A
suspension under this subsection is cumulative of any other
suspension under this section.
SECTION __. Subchapter N, Chapter 521, Transportation Code,
is amended by adding Section 521.314 to read as follows:
Sec. 521.314. SUSPENSION FOR GRAFFITI OFFENSE; LICENSE
DENIAL. (a) A court may order the Department of Public Safety to
suspend a person's driver's license, or if the person does not have
a license to deny the issuance of a license to the person, if the
person is convicted of an offense under Section 28.08, Penal Code.
(b) The order under Subsection (a) shall specify a period of
suspension or denial that is for a period that does not exceed one
year.
(c) The department may not reinstate a driver's license
ordered suspended under this section unless the person whose
license was suspended applies to the department for reinstatement.
(d) A person whose license is ordered suspended under this
section remains eligible to receive an occupational license under
Subchapter L, Chapter 521.
(e) For the purposes of this section, a person is convicted
of an offense regardless of whether sentence is imposed or the
person is placed on community supervision for the offense under
Article 42.12, Code of Criminal Procedure.
SECTION __. (a) Section 54.042, Family Code, as amended by
Section __ of this Act, and Section 521.314, Transportation Code,
as added by Section __ of this Act, apply only to an offense
committed, or for the purposes of the Family Code to conduct
violating a penal law of this state occurring, on or after the
effective date of this Act. For purposes of this section, an
offense is committed before the effective date of this Act if any
element of the offense occurs before that date and conduct
violating a penal law of this state occurs before the effective
date of this Act if any element of the violation occurs before that
date.
(b) An offense committed before the effective date of this
Act or conduct occurring before the effective date of this Act is
covered by the law in effect when the offense was committed or the
conduct occurred, as appropriate, and the former law is continued
in effect for that purpose.