By Solomons                                     H.B. No. 1292

      75R1111 JMC-D                           

                                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                 [(1)]  is charged with or convicted of a traffic

1-11     offense or an offense, other than public intoxication, punishable

1-12     by fine only [as a result of an act committed before becoming 17

1-13     years of age]; or

1-14                 (2)  is at least 10 years of age and younger than 18

1-15     years of age and who:

1-16                       (A)  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                       (B) [(3)] is a nonoffender and became a

1-20     nonoffender before 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.