1-1 By: Truan S.B. No. 559
1-2 (In the Senate - Filed February 12, 1997; February 17, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 18, 1997, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the suspension of the driver's license of a minor for
1-9 certain conduct.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter O, Chapter 521, Transportation Code,
1-12 is amended by adding Section 521.348 to read as follows:
1-13 Sec. 521.348. SUSPENSION ON CONVICTION OF OR ADJUDICATION OF
1-14 DELINQUENT CONDUCT CONSTITUTING CERTAIN OFFENSES BY MINOR. The
1-15 license of a person who is younger than 18 years of age is
1-16 automatically suspended on final conviction of or a final
1-17 adjudication of delinquent conduct that constitutes:
1-18 (1) an offense under Section 22.05(b), Penal Code, if
1-19 the offense was committed while in a motor vehicle;
1-20 (2) an offense under Section 46.03(a)(1), Penal Code;
1-21 or
1-22 (3) an offense under Chapter 46, Penal Code, if the
1-23 offense was committed while in a motor vehicle.
1-24 SECTION 2. Subsection (a), Section 54.042, Family Code, is
1-25 amended to read as follows:
1-26 (a) A juvenile court, in a disposition hearing under Section
1-27 54.04 of this code, shall:
1-28 (1) order the Department of Public Safety of the State
1-29 of Texas to suspend a child's driver's license or permit, or if the
1-30 child does not have a license or permit, to deny the issuance of a
1-31 license or permit to the child if the court finds that the child
1-32 has engaged in conduct that violates Section 521.342,
1-33 Transportation Code [a law of this state enumerated in Section
1-34 24(a-1), Chapter 173, Acts of the 47th Legislature, Regular
1-35 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)]; [or]
1-36 (2) notify the Department of Public Safety of the
1-37 State of Texas of the adjudication, if the court finds that the
1-38 child has engaged in conduct that violates Section 521.372,
1-39 Transportation Code; or
1-40 (3) notify the Department of Public Safety of the
1-41 State of Texas of an adjudication in which the court finds that the
1-42 child has engaged in conduct that violates:
1-43 (A) Section 22.05(b), Penal Code, if the child
1-44 engaged in the conduct while in a motor vehicle;
1-45 (B) Section 46.03(a)(1), Penal Code; or
1-46 (C) a section under Chapter 46, Penal Code, if
1-47 the child engaged in the conduct while in a motor vehicle [a law of
1-48 this state enumerated in Section 24B(b), Chapter 173, Acts of the
1-49 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
1-50 Texas Civil Statutes)].
1-51 SECTION 3. (a) The change in law made by this Act applies
1-52 only to a minor convicted of or adjudicated of delinquent conduct
1-53 constituting an offense committed on or after the effective date of
1-54 this Act. For purposes of this section, an offense is committed
1-55 before the effective date of this Act if any element of the offense
1-56 occurs before that date.
1-57 (b) An offense committed before the effective date of this
1-58 Act is covered by the law in effect when the offense was committed,
1-59 and the former law is continued in effect for that purpose.
1-60 SECTION 4. This Act takes effect September 1, 1997.
1-61 SECTION 5. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.
2-2 * * * * *