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.
2-33 * * * * *