1-1           By:  Ellis, Harris, Wentworth, Cain               S.B. No. 81

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     February 5, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0;

 1-6     February 5, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 81                     By:  Ellis

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the punishment for and the jurisdiction over certain

1-11     traffic offenses committed by minors.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (a), Section 729.001, Transportation

1-14     Code, is amended to read as follows:

1-15           (a)  A person who is at least 14 years of age but younger

1-16     than 17 years of age commits an offense if the person operates a

1-17     motor vehicle on a public road or highway, a street or alley in a

1-18     municipality, or a public beach in violation of any traffic law of

1-19     this state, including:

1-20                 (1)  Chapter 502, other than Section 502.282[,

1-21     502.408(b), 502.409(c),] or 502.412;

1-22                 (2)  Chapter 521;

1-23                 (3)  Subtitle C, other than an offense under Section

1-24     550.021, 550.022, or 550.024;

1-25                 (4)  Chapter 601;

1-26                 (5)  Chapter 621;

1-27                 (6)  Chapter 661; and

1-28                 (7)  Chapter 681.

1-29           SECTION 2.  Subdivision (16), Section 51.02, Family Code, is

1-30     amended to read as follows:

1-31                 (16)  "Traffic offense" means:

1-32                       (A)  a violation of a penal statute cognizable

1-33     under Chapter 729, Transportation Code, except for:

1-34                             (i)  conduct constituting an offense under

1-35     Section 550.021, Transportation Code;

1-36                             (ii)  conduct constituting an offense

1-37     punishable as a Class B misdemeanor under Section 550.022,

1-38     Transportation Code; or

1-39                             (iii)  conduct constituting an offense

1-40     punishable as a Class B misdemeanor under Section 550.024,

1-41     Transportation Code [Chapter 302, Acts of the 55th Legislature,

1-42     Regular Session, 1957, as amended (Article 6701l-4, Vernon's Texas

1-43     Civil Statutes)]; or

1-44                       (B)  a violation of a motor vehicle traffic

1-45     ordinance of an incorporated city or town in this state.

1-46           SECTION 3.  Subsection (a), Section 8.07, Penal Code, is

1-47     amended to read as follows:

1-48           (a)  A person may not be prosecuted for or convicted of any

1-49     offense that he committed when younger than 15 years of age except:

1-50                 (1)  perjury and aggravated perjury when it appears by

1-51     proof that he had sufficient discretion to understand the nature

1-52     and obligation of an oath;

1-53                 (2)  a violation of a penal statute cognizable under

1-54     Chapter 729, Transportation Code, except for:

1-55                       (A)  an offense under Section 550.021,

1-56     Transportation Code;

1-57                       (B)  an offense punishable as a Class B

1-58     misdemeanor under Section 550.022, Transportation Code; or

1-59                       (C)  an offense punishable as a Class B

1-60     misdemeanor under Section 550.024, Transportation Code [Chapter

1-61     302, Acts of the 55th Legislature, Regular Session, 1957 (Article

1-62     6701l-4, Vernon's Texas Civil Statutes)];

1-63                 (3)  a violation of a motor vehicle traffic ordinance

1-64     of an incorporated city or town in this state;

 2-1                 (4)  a misdemeanor punishable by fine only other than

 2-2     public intoxication;

 2-3                 (5)  a violation of a penal ordinance of a political

 2-4     subdivision; or

 2-5                 (6)  a violation of a penal statute that is, or is a

 2-6     lesser included offense of, a capital felony, an aggravated

 2-7     controlled substance felony, or a felony of the first degree for

 2-8     which the person is transferred to the court under Section 54.02,

 2-9     Family Code, for prosecution if the person committed the offense

2-10     when 14 years of age or older.

2-11           SECTION 4.  (a)  This Act takes effect September 1, 1997.

2-12           (b)  The change in law made by this Act applies only to

2-13     conduct violating a penal law of this state that occurs on or after

2-14     the effective date of this Act.  For purposes of this section,

2-15     conduct occurs before the effective date of this Act if any element

2-16     of the conduct occurs before the effective date.

2-17           (c)  Conduct that occurs before the effective date of this

2-18     Act is covered by the law in effect when the conduct occurred, and

2-19     the former law is continued in effect for that purpose.

2-20           SECTION 5.  (a)  In addition to the substantive changes made

2-21     by this Act, this Act conforms Subsection (a), Section 729.001,

2-22     Transportation Code, to Subdivision (6), Section 9, Chapter 34,

2-23     Acts of the 74th Legislature, 1995.

2-24           (b)  To the extent of any conflict, this Act prevails over

2-25     another Act of the 75th Legislature, Regular Session, 1997,

2-26     relating to nonsubstantive additions to and corrections in enacted

2-27     codes.

2-28           SECTION 6.  The importance of this legislation and the

2-29     crowded condition of the calendars in both houses create an

2-30     emergency and an imperative public necessity that the

2-31     constitutional rule requiring bills to be read on three several

2-32     days in each house be suspended, and this rule is hereby suspended.

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