By Jones of Dallas                                     H.B. No. 816
         76R2444 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the suspension or denial of a driver's license or
 1-3     permit to certain children who use or possess a firearm while in a
 1-4     motor vehicle.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 54.042(f), Family Code, as redesignated
 1-7     and amended by Section 3, Chapter 593, Acts of the 75th
 1-8     Legislature, Regular Session, 1997, is amended to read as follows:
 1-9           (f)  Except as provided by Section 54.0421, a [A] juvenile
1-10     court, in a disposition hearing under Section 54.04, may order the
1-11     Department of Public Safety to suspend a child's driver's license
1-12     or permit or, if the child does not have a license or permit, to
1-13     deny the issuance of a license or permit to the child for a period
1-14     not to exceed 12 months if the court finds that the child has
1-15     engaged in conduct in need of supervision or delinquent conduct
1-16     other than the conduct described by Subsection (a).
1-17           SECTION 2.  Chapter 54, Family Code, is amended by adding
1-18     Section 54.0421 to read as follows:
1-19           Sec. 54.0421.  LICENSE SUSPENSION OR DENIAL FOR USE OR
1-20     POSSESSION OF FIREARM.  (a)  In this section, "firearm" has the
1-21     meaning assigned by Section 46.01, Penal Code.
1-22           (b)  A juvenile court, in a disposition hearing under Section
1-23     54.04, shall order the Department of Public Safety to suspend a
1-24     child's driver's license or permit or, if the child does not have a
 2-1     license or permit, to deny the issuance of a license or permit to
 2-2     the child if the court finds that the child, while in a motor
 2-3     vehicle:
 2-4                 (1)  engaged in conduct that violates a penal law
 2-5     prohibiting the possession or use of a firearm; or
 2-6                 (2)  used or exhibited a firearm while engaging in
 2-7     conduct in need of supervision or delinquent conduct.
 2-8           (c)  The order shall specify a period of suspension or denial
 2-9     for two years or until the child reaches the age of 18, whichever
2-10     is longer.
2-11           SECTION 3.  (a)  This Act takes effect September 1, 1999, and
2-12     applies only to conduct that occurs on or after that date.  Conduct
2-13     violating a penal law of the state occurs on or after the effective
2-14     date of this Act if every element of the violation occurs on or
2-15     after that date.
2-16           (b)  Conduct that occurs before the effective date of this
2-17     Act is covered by the law in effect at the time the conduct
2-18     occurred, and the former law is continued in effect for that
2-19     purpose.
2-20           SECTION 4.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.