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.