AN ACT
1-1 relating to the punishment for and the jurisdiction over certain
1-2 traffic offenses committed by minors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 729.001, Transportation
1-5 Code, is amended to read as follows:
1-6 (a) A person who is at least 14 years of age but younger
1-7 than 17 years of age commits an offense if the person operates a
1-8 motor vehicle on a public road or highway, a street or alley in a
1-9 municipality, or a public beach in violation of any traffic law of
1-10 this state, including:
1-11 (1) Chapter 502, other than Section 502.282[,
1-12 502.408(b), 502.409(c),] or 502.412;
1-13 (2) Chapter 521;
1-14 (3) Subtitle C, other than an offense under Section
1-15 550.021, 550.022, or 550.024;
1-16 (4) Chapter 601;
1-17 (5) Chapter 621;
1-18 (6) Chapter 661; and
1-19 (7) Chapter 681.
1-20 SECTION 2. Subdivision (16), Section 51.02, Family Code, is
1-21 amended to read as follows:
1-22 (16) "Traffic offense" means:
1-23 (A) a violation of a penal statute cognizable
2-1 under Chapter 729, Transportation Code, except for:
2-2 (i) conduct constituting an offense under
2-3 Section 550.021, Transportation Code;
2-4 (ii) conduct constituting an offense
2-5 punishable as a Class B misdemeanor under Section 550.022,
2-6 Transportation Code; or
2-7 (iii) conduct constituting an offense
2-8 punishable as a Class B misdemeanor under Section 550.024,
2-9 Transportation Code [Chapter 302, Acts of the 55th Legislature,
2-10 Regular Session, 1957, as amended (Article 6701l-4, Vernon's Texas
2-11 Civil Statutes)]; or
2-12 (B) a violation of a motor vehicle traffic
2-13 ordinance of an incorporated city or town in this state.
2-14 SECTION 3. Subsection (i), Section 52.027, Family Code, is
2-15 amended to read as follows:
2-16 (i) In this section, "child" means a person who:
2-17 (1) is at least 10 years of age and younger than 17
2-18 [18] years of age and who[:]
2-19 [(1)] is charged with or convicted of a traffic
2-20 offense; or
2-21 (2) is at least 10 years of age and younger than 18
2-22 years of age and who:
2-23 (A) is charged with or convicted of an offense,
2-24 other than public intoxication, punishable by fine only as a result
2-25 of an act committed before becoming 17 years of age;
3-1 (B) [(2)] is a status offender and was taken
3-2 into custody as a status offender for conduct engaged in before
3-3 becoming 17 years of age; or
3-4 (C) [(3)] is a nonoffender and became a
3-5 nonoffender before becoming 17 years of age.
3-6 SECTION 4. Subsection (a), Section 8.07, Penal Code, is
3-7 amended to read as follows:
3-8 (a) A person may not be prosecuted for or convicted of any
3-9 offense that he committed when younger than 15 years of age except:
3-10 (1) perjury and aggravated perjury when it appears by
3-11 proof that he had sufficient discretion to understand the nature
3-12 and obligation of an oath;
3-13 (2) a violation of a penal statute cognizable under
3-14 Chapter 729, Transportation Code, except for:
3-15 (A) an offense under Section 550.021,
3-16 Transportation Code;
3-17 (B) an offense punishable as a Class B
3-18 misdemeanor under Section 550.022, Transportation Code; or
3-19 (C) an offense punishable as a Class B
3-20 misdemeanor under Section 550.024, Transportation Code [Chapter
3-21 302, Acts of the 55th Legislature, Regular Session, 1957 (Article
3-22 6701l-4, Vernon's Texas Civil Statutes)];
3-23 (3) a violation of a motor vehicle traffic ordinance
3-24 of an incorporated city or town in this state;
3-25 (4) a misdemeanor punishable by fine only other than
4-1 public intoxication;
4-2 (5) a violation of a penal ordinance of a political
4-3 subdivision; or
4-4 (6) a violation of a penal statute that is, or is a
4-5 lesser included offense of, a capital felony, an aggravated
4-6 controlled substance felony, or a felony of the first degree for
4-7 which the person is transferred to the court under Section 54.02,
4-8 Family Code, for prosecution if the person committed the offense
4-9 when 14 years of age or older.
4-10 SECTION 5. (a) The change in law made by this Act applies
4-11 only to conduct violating a penal law of this state that occurs on
4-12 or after the effective date of this Act. For purposes of this
4-13 section, conduct occurs before the effective date of this Act if
4-14 any element of the conduct occurs before the effective date.
4-15 (b) Conduct that occurs before the effective date of this
4-16 Act is covered by the law in effect when the conduct occurred, and
4-17 the former law is continued in effect for that purpose.
4-18 SECTION 6. (a) In addition to the substantive changes made
4-19 by this Act, this Act conforms Subsection (a), Section 729.001,
4-20 Transportation Code, to Subdivision (6), Section 9, Chapter 34,
4-21 Acts of the 74th Legislature, 1995.
4-22 (b) To the extent of any conflict, this Act prevails over
4-23 another Act of the 75th Legislature, Regular Session, 1997,
4-24 relating to nonsubstantive additions to and corrections in enacted
4-25 codes.
5-1 SECTION 7. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended,
5-6 and that this Act take effect and be in force from and after its
5-7 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 81 passed the Senate on
February 12, 1997, by the following vote: Yeas 31, Nays 0; and
that the Senate concurred in House amendment on May 23, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 81 passed the House, with
amendment, on May 20, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor