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.