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.