By Rhodes                                        H.B. No. 577

      75R3128 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to classifying as delinquent conduct the conduct of

 1-3     certain children who engage in driving while intoxicated.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 51.03, Family Code, is amended by

 1-6     amending Subsections (a) and (b) to read 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; or

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)].

 2-8           (b)  Conduct indicating a need for supervision is:

 2-9                 (1)  subject to Subsection (f) [of this section],

2-10     conduct, other than a traffic offense, that violates:

2-11                       (A)  the penal laws of this state of the grade of

2-12     misdemeanor that are punishable by fine only; or

2-13                       (B)  the penal ordinances of any political

2-14     subdivision of this state;

2-15                 (2)  the unexcused voluntary absence of a child on 10

2-16     or more days or parts of days within a six-month period or three or

2-17     more days or parts of days within a four-week period from school

2-18     without the consent of his parents;

2-19                 (3)  the voluntary absence of a child from his home

2-20     without the consent of his parent or guardian for a substantial

2-21     length of time or without intent to return;

2-22                 (4)  [conduct which violates the laws of this state

2-23     prohibiting driving while intoxicated or under the influence of

2-24     intoxicating liquor (first or second offense) or driving while

2-25     under the influence of any narcotic drug or of any other drug to a

2-26     degree which renders him incapable of safely driving a vehicle

2-27     (first or second offense);]

 3-1                 [(5)]  conduct prohibited by city ordinance or by state

 3-2     law involving the inhalation of the fumes or vapors of paint and

 3-3     other protective coatings or glue and other adhesives and the

 3-4     volatile chemicals itemized in Section 484.002, Health and Safety

 3-5     Code;

 3-6                 (5) [(6)]  an act that violates a school district's

 3-7     previously communicated written standards of student conduct for

 3-8     which the child has been expelled under Section 37.007 [21.3011],

 3-9     Education Code; or

3-10                 (6) [(7)]  conduct that violates a reasonable and

3-11     lawful order of a court entered under Section 264.305.

3-12           SECTION 2.  (a)  The change in law made by this Act applies

3-13     only to conduct that occurs on or after the effective date of this

3-14     Act.  Conduct violating a penal law of the state occurs on or after

3-15     the effective date of this Act if every element of the violation

3-16     occurs on or after that date.

3-17           (b)  Conduct that occurs before the effective date of this

3-18     Act is covered by the law in effect at the time the conduct

3-19     occurred, and the former law is continued in effect for that

3-20     purpose.

3-21           SECTION 3.  This Act takes effect September 1, 1997.

3-22           SECTION 4.  The importance of this legislation and the

3-23     crowded condition of the calendars in both houses create an

3-24     emergency and an imperative public necessity that the

3-25     constitutional rule requiring bills to be read on three several

3-26     days in each house be suspended, and this rule is hereby suspended.