HBA-SEB H.B. 816 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 816 By: Jones, Jesse Juvenile Justice and Family Issues 2/26/1999 Introduced BACKGROUND AND PURPOSE Currently, the penalty for possession of a weapon by a minor is a misdemeanor, except under certain circumstances. Juveniles increasingly commit crimes with the use of a handgun. In order to deter a juvenile from using a firearm, H.B. 816 requires the Department of Public Safety to suspend a child's driver's license or permit if the child has, while in a motor vehicle, violated a penal law prohibiting the possession or use of a firearm or if the child used or exhibited the firearm while engaging in delinquent conduct. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 54.042(f), Family Code, as redesignated and amended by Section 3, Chapter 593, Acts of the 75th Legislature, Regular Session, 1997, as follows: (f) Provides that this subsection is an exception to Section 54.0421. Authorizes a juvenile court to order the Department of Public Safety to suspend or deny the issuance of a child's driver's license or permit for no more than 12 months if the court finds that the child has engaged in conduct in need of supervision or specific delinquent conduct. Makes a nonsubstantive change. SECTION 2. Amends Chapter 54, Family Code, by adding Section 54.0421, as follows: Sec. 54.0421. LICENSE SUSPENSION OR DENIAL FOR USE OR POSSESSION OF FIREARM. (a) Defines "firearm." (b) Requires a juvenile court in a disposition hearing under Section 54.04 (Disposition Hearing) to order the Department of Public Safety to suspend or deny the issuance of a child's driver's license or permit if the court finds that the child, while in a motor vehicle, engaged in conduct that violates a penal law prohibiting the possession or use of a firearm or used or exhibited a firearm while engaging in conduct in need of supervision or delinquent conduct. (c) Requires the order to specify a period of suspension or denial for two years or until the child reaches age 18, whichever is longer. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.