By Jones of Dallas                              H.B. No. 1006

      75R4553 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 18, whichever

1-23     is longer.

1-24           SECTION 2.  (a)  This Act takes effect September 1, 1997, and

 2-1     applies only to conduct that occurs on or after that date.  Conduct

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

 2-3     indicating a need for supervision occurs on or after the effective

 2-4     date of this Act if every element of the conduct occurs on or after

 2-5     that date.

 2-6           (b)  Conduct that occurs before the effective date of this

 2-7     Act is governed by the law in effect at the time the conduct

 2-8     occurred, and that law is continued in effect for that purpose.

 2-9           SECTION 3.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.