By: Ellis, Harris S.B. No. 81
Wentworth, Cain
A BILL TO BE ENTITLED
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 (a), Section 8.07, Penal Code, is
2-15 amended to read as follows:
2-16 (a) A person may not be prosecuted for or convicted of any
2-17 offense that he committed when younger than 15 years of age except:
2-18 (1) perjury and aggravated perjury when it appears by
2-19 proof that he had sufficient discretion to understand the nature
2-20 and obligation of an oath;
2-21 (2) a violation of a penal statute cognizable under
2-22 Chapter 729, Transportation Code, except for:
2-23 (A) an offense under Section 550.021,
2-24 Transportation Code;
2-25 (B) an offense punishable as a Class B
3-1 misdemeanor under Section 550.022, Transportation Code; or
3-2 (C) an offense punishable as a Class B
3-3 misdemeanor under Section 550.024, Transportation Code [Chapter
3-4 302, Acts of the 55th Legislature, Regular Session, 1957 (Article
3-5 6701l-4, Vernon's Texas Civil Statutes)];
3-6 (3) a violation of a motor vehicle traffic ordinance
3-7 of an incorporated city or town in this state;
3-8 (4) a misdemeanor punishable by fine only other than
3-9 public intoxication;
3-10 (5) a violation of a penal ordinance of a political
3-11 subdivision; or
3-12 (6) a violation of a penal statute that is, or is a
3-13 lesser included offense of, a capital felony, an aggravated
3-14 controlled substance felony, or a felony of the first degree for
3-15 which the person is transferred to the court under Section 54.02,
3-16 Family Code, for prosecution if the person committed the offense
3-17 when 14 years of age or older.
3-18 SECTION 4. (a) The change in law made by this Act applies
3-19 only to conduct violating a penal law of this state that occurs on
3-20 or after the effective date of this Act. For purposes of this
3-21 section, conduct occurs before the effective date of this Act if
3-22 any element of the conduct occurs before the effective date.
3-23 (b) Conduct that occurs before the effective date of this
3-24 Act is covered by the law in effect when the conduct occurred, and
3-25 the former law is continued in effect for that purpose.
4-1 SECTION 5. (a) In addition to the substantive changes made
4-2 by this Act, this Act conforms Subsection (a), Section 729.001,
4-3 Transportation Code, to Subdivision (6), Section 9, Chapter 34,
4-4 Acts of the 74th Legislature, 1995.
4-5 (b) To the extent of any conflict, this Act prevails over
4-6 another Act of the 75th Legislature, Regular Session, 1997,
4-7 relating to nonsubstantive additions to and corrections in enacted
4-8 codes.
4-9 SECTION 6. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended,
4-14 and that this Act take effect and be in force from and after its
4-15 passage, and it is so enacted.