By Kamel H.B. No. 141 75R770 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the mandatory transfer to criminal court of children 1-3 engaging in criminal behavior involving the use of a firearm. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 54, Family Code, is amended by adding 1-6 Section 54.0205 to read as follows: 1-7 Sec. 54.0205. MANDATORY TRANSFER FOR USE OF FIREARM. 1-8 (a) Notwithstanding any other provision of this chapter, the 1-9 juvenile court shall waive its exclusive original jurisdiction and 1-10 transfer a child to the appropriate district court or criminal 1-11 court for criminal proceedings if the child is alleged to have 1-12 engaged in behavior involving the use of a firearm as that term is 1-13 defined by Section 46.01, Penal Code. 1-14 (b) A mandatory transfer under this section may be made 1-15 without conducting the study required in discretionary transfer 1-16 proceedings by Section 54.02(d). 1-17 (c) The requirements of Section 54.02(b) that the summons 1-18 state that the purpose of the hearing is to consider discretionary 1-19 transfer to criminal court does not apply to a transfer proceeding 1-20 under this section. In a proceeding under this section, it is 1-21 sufficient that the summons provide fair notice that the purpose of 1-22 the hearing is to consider mandatory transfer to criminal court. 1-23 SECTION 2. (a) This Act takes effect September 1, 1997. 1-24 (b) This Act applies only to conduct that occurs on or after 2-1 the effective date of this Act. Conduct violating the penal law of 2-2 this state occurs on or after the effective date of this Act if any 2-3 element of the violation occurs on or after that date. 2-4 (c) Conduct that occurs before the effective date of this 2-5 Act is governed by the law in effect at the time the conduct 2-6 occurred, and that law is continued in effect for that purpose. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended.