By Longoria H.B. No. 79
75R1033 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to treating certain sexual conduct by a child as
1-3 delinquent conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.03(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) Delinquent conduct is:
1-8 (1) conduct, other than a traffic offense, that
1-9 violates a penal law of this state or of the United States
1-10 punishable by imprisonment or by confinement in jail;
1-11 (2) conduct that violates a reasonable and lawful
1-12 order of a juvenile court entered under Section 54.04 or 54.05 of
1-13 this code, except an order prohibiting the following conduct:
1-14 (A) a violation of the penal laws of this state
1-15 of the grade of misdemeanor that is punishable by fine only or a
1-16 violation of the penal ordinances of any political subdivision of
1-17 this state;
1-18 (B) the unexcused voluntary absence of a child
1-19 from school; or
1-20 (C) the voluntary absence of a child from his
1-21 home without the consent of his parent or guardian for a
1-22 substantial length of time or without intent to return;
1-23 (3) conduct that violates a lawful order of a
1-24 municipal court or justice court under circumstances that would
2-1 constitute contempt of that court; [or]
2-2 (4) conduct that violates the laws of this state
2-3 prohibiting driving while intoxicated or under the influence of
2-4 intoxicating liquor (third or subsequent offense) or driving while
2-5 under the influence of any narcotic drug or of any other drug to
2-6 the degree that renders the child incapable of safely driving a
2-7 vehicle (third or subsequent offense); or
2-8 (5) the voluntary participation by a child 14 years of
2-9 age or older in sexual conduct as defined by Section 43.01, Penal
2-10 Code, with a person who is not more than three years older than the
2-11 child except sexual conduct between a child and the child's spouse.
2-12 SECTION 2. (a) This Act takes effect September 1, 1997.
2-13 (b) This Act applies only to conduct that occurs on or after
2-14 the effective date of this Act. Conduct violating the law of this
2-15 state occurs on or after the effective date of this Act if any
2-16 element of the violation occurs on or after that date.
2-17 (c) Conduct that occurs before the effective date of this
2-18 Act is governed by the law in effect at the time the conduct
2-19 occurred, and that law is continued in effect for that purpose.
2-20 SECTION 3. The importance of this legislation and the
2-21 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.