By Alexander                                    H.B. No. 1594

      75R4259 JBN-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the contempt of a justice or municipal court by certain

 1-3     children.


 1-5           SECTION 1.  Section 51.03(a), Family Code, is amended to read

 1-6     as follows:

 1-7           (a)  Delinquent conduct is:

 1-8                 (1)  conduct, other than a traffic offense, that

 1-9     violates a penal law of this state or of the United States

1-10     punishable by imprisonment or by confinement in jail;

1-11                 (2)  conduct that violates a reasonable and lawful

1-12     order of a juvenile court entered under Section 54.04 or 54.05 of

1-13     this code, except an order prohibiting the following conduct:

1-14                       (A)  a violation of the penal laws of this state

1-15     of the grade of misdemeanor that is punishable by fine only or a

1-16     violation of the penal ordinances of any political subdivision of

1-17     this state;

1-18                       (B)  the unexcused voluntary absence of a child

1-19     from school; or

1-20                       (C)  the voluntary absence of a child from his

1-21     home without the consent of his parent or guardian for a

1-22     substantial length of time or without intent to return; or

1-23                 (3)  [conduct that violates a lawful order of a

1-24     municipal court or justice court under circumstances that would

 2-1     constitute contempt of that court; or]

 2-2                 [(4)]  conduct that violates the laws of this state

 2-3     prohibiting driving while intoxicated or under the influence of

 2-4     intoxicating liquor (third or subsequent offense) or driving while

 2-5     under the influence of any narcotic drug or of any other drug to

 2-6     the degree that renders the child incapable of safely driving a

 2-7     vehicle (third or subsequent offense).

 2-8           SECTION 2.  Section 54.022(g), Family Code, is amended to

 2-9     read as follows:

2-10           (g)  Any [other] order under this section is enforceable by

2-11     the justice or municipal court by contempt.

2-12           SECTION 3.  Section 21.002(a), Government Code, is amended to

2-13     read as follows:

2-14           (a)  Except as provided by Subsection (g) [Subsections (g)

2-15     and (h)], a court may punish for contempt.

2-16           SECTION 4.  Article 45.522, Code of Criminal Procedure, is

2-17     amended to read as follows:

2-18           Art. 45.522.  FAILURE TO PAY FINE[; CONTEMPT:  JUVENILES].

2-19     [(a)]  A justice court or municipal court may not order the

2-20     confinement of a person who is a child for the purposes of Title 3,

2-21     Family Code, for the failure to pay all or any part of a fine or

2-22     costs imposed for the conviction of an offense punishable by fine

2-23     only.

2-24           [(b)  Section 51.03(a)(3), Family Code, and the procedures

2-25     for the adjudication of a child for delinquent conduct apply to a

2-26     child who fails to obey an order of a justice or municipal court

2-27     under circumstances that would constitute contempt of court.]

 3-1           SECTION 5.  Sections 52.027(h) and 54.022(f), Family Code,

 3-2     and Section 21.002(h), Government Code, are repealed.

 3-3           SECTION 6.  The importance of this legislation and the

 3-4     crowded condition of the calendars in both houses create an

 3-5     emergency and an imperative public necessity that the

 3-6     constitutional rule requiring bills to be read on three several

 3-7     days in each house be suspended, and this rule is hereby suspended.