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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.