75R7502 JMC-D
By Solomons H.B. No. 1292
Substitute the following for H.B. No. 1292:
By Staples C.S.H.B. No. 1292
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the custody of certain children who commit traffic or
1-3 other offenses punishable by fine only.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 52.027, Family Code, is amended by
1-6 amending Subsection (i) to read as follows:
1-7 (i) In this section, "child" means a person who:
1-8 (1) is at least 10 years of age and younger than 17
1-9 [18] years of age and who:
1-10 (A) [(1)] is charged with or convicted of a
1-11 traffic offense or an offense, other than public intoxication,
1-12 punishable by fine only [as a result of an act committed before
1-13 becoming 17 years of age]; or
1-14 (B) is a status offender; or
1-15 (2) is at least 10 years of age and younger than 18
1-16 years of age and who [is a status offender and was taken into
1-17 custody as a status offender for conduct engaged in before becoming
1-18 17 years of age; or]
1-19 [(3)] is a nonoffender and became a nonoffender before
1-20 becoming 17 years of age.
1-21 SECTION 2. (a) The change in law made by this Act applies
1-22 only to conduct that occurs on or after the effective date of this
1-23 Act. Conduct violating a penal law of the state occurs on or after
1-24 the effective date of this Act if every element of the violation
2-1 occurs on or after that date.
2-2 (b) Conduct that occurs before the effective date of this
2-3 Act is covered by the law in effect at the time the conduct
2-4 occurred, and the former law is continued in effect for that
2-5 purpose.
2-6 SECTION 3. This Act takes effect September 1, 1997.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.