1-1     By:  Solomons (Senate Sponsor - Haywood)               H.B. No. 677

 1-2           (In the Senate - Received from the House April 11, 1997;

 1-3     April 14, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 18, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;

 1-6     May 18, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 677                   By:  Nelson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the punishment for certain persons who sell,

1-11     manufacture, distribute, or possess a document that is deceptively

1-12     similar to a driver's license.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 521.453, Transportation Code, is amended

1-15     by adding Subsections (h) and (i) to read as follows:

1-16           (h)  In addition to the punishment provided by Subsection

1-17     (d), a court, if the court is located in a municipality or county

1-18     that has established a community service program, may order a

1-19     person younger than 21 years of age who commits an offense under

1-20     this section to perform eight hours of community service unless the

1-21     person is shown to have previously committed an offense under this

1-22     section, in which case the court may order the person to perform 12

1-23     hours of community service.

1-24           (i)  If the person ordered to perform community service under

1-25     Subsection (h) is younger than 17 years of age, the community

1-26     service shall be performed as if ordered by a juvenile court under

1-27     Section 54.044(a), Family Code, as a condition of probation under

1-28     Section 54.04(d), Family Code.

1-29           SECTION 2.  Section 54.044, Family Code, is amended by adding

1-30     Subsection (i) to read as follows:

1-31           (i)  In a disposition hearing under Section 54.04 in which

1-32     the court finds that a child engaged in conduct violating Section

1-33     521.453, Transportation Code, the court, in addition to any other

1-34     order authorized under this title and if the court is located in a

1-35     municipality or county that has established a community service

1-36     program, may order the child to perform eight hours of community

1-37     service as a condition of probation under Section 54.04(d) unless

1-38     the child is shown to have previously engaged in conduct violating

1-39     Section 521.453, Transportation Code, in which case the court may

1-40     order the child to perform 12 hours of community service.

1-41           SECTION 3.  (a)  The change in law made by this Act applies

1-42     only to an offense committed or, for purposes of Title 3, Family

1-43     Code, to conduct that occurs on or after the effective date of this

1-44     Act.  For purposes of this section, an offense is committed on or

1-45     after the effective date of this Act if every element of the

1-46     offense occurs on or after that date and conduct violating a penal

1-47     law of the state occurs on or after the effective date of this Act

1-48     if every element of the violation occurs on or after that date.

1-49           (b)  An offense committed before the effective date of this

1-50     Act is covered by the law in effect when the offense was committed,

1-51     and the former law is continued in effect for that purpose.

1-52     Conduct that occurs before the effective date of this Act is

1-53     covered by the law in effect at the time the conduct occurred, and

1-54     the former law is continued in effect for that purpose.

1-55           SECTION 4.  This Act takes effect September 1, 1997.

1-56           SECTION 5.  The importance of this legislation and the

1-57     crowded condition of the calendars in both houses create an

1-58     emergency and an imperative public necessity that the

1-59     constitutional rule requiring bills to be read on three several

1-60     days in each house be suspended, and this rule is hereby suspended.

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