By Jones of Dallas, et al.                            H.B. No. 1006

         75R10416 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the suspension or denial of a driver's license or

 1-3     permit to certain children who use or possess a firearm while in a

 1-4     motor vehicle.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 54, Family Code, is amended by adding

 1-7     Section 54.0421 to read as follows:

 1-8           Sec. 54.0421.  LICENSE SUSPENSION OR DENIAL FOR USE OR

 1-9     POSSESSION OF FIREARM.  (a)  In this section, "firearm" has the

1-10     meaning assigned by Section 46.01, Penal Code.

1-11           (b)  A juvenile court, in a disposition hearing under Section

1-12     54.04, shall order the Department of Public Safety of the State of

1-13     Texas to suspend a child's driver's license or permit or, if the

1-14     child does not have a license or permit, to deny the issuance of a

1-15     license or permit to the child if the court finds that the child,

1-16     while in a motor vehicle:

1-17                 (1)  engaged in conduct that violates a penal law

1-18     prohibiting the possession or use of a firearm; or

1-19                 (2)  used or exhibited a firearm while engaging in

1-20     conduct in need of supervision or delinquent conduct.

1-21           (c)  The order shall specify a period of suspension or denial

1-22     for two years or until the child reaches the age of 17, whichever

1-23     is longer.

1-24           (d)  A child whose driver's license or permit has been

 2-1     suspended or denied under Subsection (b) may not apply for an

 2-2     occupational license under Subchapter L, Chapter 521,

 2-3     Transportation Code, unless the juvenile court specifies in the

 2-4     order that the child remains eligible to receive an occupational

 2-5     license under Subchapter L, Chapter 521, Transportation Code.

 2-6           SECTION 2.  (a)  This Act takes effect September 1, 1997, and

 2-7     applies only to conduct that occurs on or after that date.  Conduct

 2-8     violating a penal law of this state, delinquent conduct, or conduct

 2-9     indicating a need for supervision occurs on or after the effective

2-10     date of this Act if every element of the conduct occurs on or after

2-11     that date.

2-12           (b)  Conduct that occurs before the effective date of this

2-13     Act is governed by the law in effect at the time the conduct

2-14     occurred, and that law is continued in effect for that purpose.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.