By Truan                                         S.B. No. 559

      75R320 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the suspension of the driver's license of a minor for

 1-3     certain conduct.

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

 1-5           SECTION 1.  Subchapter O, Chapter 521, Transportation Code,

 1-6     is amended by adding Section 521.348 to read as follows:

 1-7           Sec. 521.348.  SUSPENSION ON CONVICTION OF OR ADJUDICATION OF

 1-8     DELINQUENT CONDUCT CONSTITUTING CERTAIN OFFENSES BY MINOR.  The

 1-9     license of a person who is younger than 18 years of age is

1-10     automatically suspended on final conviction of or a final

1-11     adjudication of delinquent conduct that constitutes:

1-12                 (1)  an offense under Section 22.05(b), Penal Code, if

1-13     the offense was committed while in a motor vehicle;

1-14                 (2)  an offense under Section 46.03(a)(1), Penal Code;

1-15     or

1-16                 (3)  an offense under Chapter 46, Penal Code, if the

1-17     offense was committed while in a motor vehicle.

1-18           SECTION 2.  Section 54.042(a), Family Code, is amended to

1-19     read as follows:

1-20           (a)  A juvenile court, in a disposition hearing under Section

1-21     54.04 of this code, shall:

1-22                 (1)  order the Department of Public Safety of the State

1-23     of Texas to suspend a child's driver's license or permit, or if the

1-24     child does not have a license or permit, to deny the issuance of a

 2-1     license or permit to the child if the court finds that the child

 2-2     has engaged in conduct that violates Section 521.342,

 2-3     Transportation Code [a law of this state enumerated in Section

 2-4     24(a-1), Chapter 173, Acts of the 47th Legislature, Regular

 2-5     Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)]; [or]

 2-6                 (2)  notify the Department of Public Safety of the

 2-7     State of Texas of the adjudication, if the court finds that the

 2-8     child has engaged in conduct that violates Section 521.372,

 2-9     Transportation Code; or

2-10                 (3)  notify the Department of Public Safety of the

2-11     State of Texas of an adjudication in which the court finds that the

2-12     child has engaged in conduct that violates:

2-13                       (A)  Section 22.05(b), Penal Code, if the child

2-14     engaged in the conduct while in a motor vehicle;

2-15                       (B)  Section 46.03(a)(1), Penal Code; or

2-16                       (C)  a section under Chapter 46, Penal Code, if

2-17     the child engaged in the conduct while in a motor vehicle [a law of

2-18     this state enumerated in Section 24B(b), Chapter 173, Acts of the

2-19     47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's

2-20     Texas Civil Statutes)].

2-21           SECTION 3.  (a)  The change in law made by this Act applies

2-22     only to a minor convicted of or adjudicated of delinquent conduct

2-23     constituting an offense committed on or after the effective date of

2-24     this Act.  For purposes of this section, an offense is committed

2-25     before the effective date of this Act if any element of the offense

2-26     occurs before that date.

2-27           (b)  An offense committed before the effective date of this

 3-1     Act is covered by the law in effect when the offense was committed,

 3-2     and the former law is continued in effect for that purpose.

 3-3           SECTION 4.  This Act takes effect September 1, 1997.

 3-4           SECTION 5.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.