By Morrison H.B. No. 1995
76R7190 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to contributing to the delinquency of a narcotic addict.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 463, Health and Safety Code, is amended
1-5 to read as follows:
1-6 CHAPTER 463. CONTRIBUTING TO DELINQUENCY OF HABITUAL DRUNKARD [OR]
1-7 [NARCOTIC ADDICT]
1-8 [SUBCHAPTER A. CONTRIBUTING TO DELINQUENCY OF HABITUAL DRUNKARD]
1-9 Sec. 463.001. CONTRIBUTING TO DELINQUENCY OF HABITUAL
1-10 DRUNKARD; CRIMINAL PENALTY. (a) In this section, "delinquency"
1-11 means any act that tends to debase or injure the morals, health, or
1-12 welfare of a habitual drunkard and includes:
1-13 (1) drinking intoxicating liquor;
1-14 (2) entering or remaining in any bawdy house,
1-15 assignation house, disorderly house, roadhouse, hotel, or public
1-16 dance hall where prostitutes, gamblers, or thieves are permitted to
1-17 enter and ply their trade;
1-18 (3) entering a place where intoxicating liquors are
1-19 kept, drunk, used, or sold;
1-20 (4) associating with thieves and immoral persons;
1-21 (5) causing a habitual drunkard to leave home or to
1-22 leave the custody of the drunkard's parents, guardian, or person
1-23 acting for the drunkard's parents or guardian without first
1-24 receiving their consent or against their will; or
2-1 (6) causing the habitual drunkard, by undue influence,
2-2 to unlawfully cohabit with a person known by the actor to be a
2-3 habitual drunkard.
2-4 (b) A person commits an offense if the person by any act or
2-5 in any manner encourages, causes, acts in conjunction with, or
2-6 contributes to the delinquency, dependency, or neglect of a
2-7 habitual drunkard, regardless of the drunkard's previous
2-8 convictions.
2-9 (c) An offense under this section is punishable by a fine of
2-10 not more than $500, confinement in jail for not more than one year,
2-11 or both.
2-12 Sec. 463.002. CONFLICTING OFFENSES. To the extent of any
2-13 conflict, the offenses prescribed by the Penal Code or other law
2-14 enacted after June 9, 1949, prevail over the offense prescribed by
2-15 Section 463.001.
2-16 [SUBCHAPTER B. CONTRIBUTING TO NARCOTIC ADDICTION]
2-17 [Sec. 463.011. CONTRIBUTING TO DELINQUENCY OF NARCOTIC
2-18 ADDICT; CRIMINAL PENALTY. (a) In this section, "delinquency"
2-19 means any act that tends to debase or injure the morals, health, or
2-20 welfare of a narcotic addict, and includes:]
2-21 [(1) drinking intoxicating liquor;]
2-22 [(2) going into or remaining in any bawdy house,
2-23 assignation house, disorderly house, roadhouse, hotel, or public
2-24 dance hall where prostitutes, gamblers, or thieves are permitted to
2-25 enter and ply their trade;]
2-26 [(3) going into a place where intoxicating liquors are
2-27 kept, drunk, used, or sold;]
3-1 [(4) associating with thieves and immoral persons;]
3-2 [(5) causing a narcotic addict to leave home or to
3-3 leave the custody of the addict's parents, guardian, or person
3-4 acting for the addict's parent or guardian without first receiving
3-5 that person's consent or against that person's will; or]
3-6 [(6) causing the addict, by undue influence, to
3-7 unlawfully cohabit with a person known by the actor to be a
3-8 narcotic addict.]
3-9 [(b) A person commits an offense if the person, by any act
3-10 or in any manner, encourages, causes, acts in conjunction with, or
3-11 contributes to the delinquency, dependency, or neglect of a
3-12 narcotic addict, regardless of the addict's previous convictions.]
3-13 [(c) An offense under this section is punishable by a fine
3-14 of not more than $500, confinement in jail for not more than one
3-15 year, or both.]
3-16 [Sec. 463.012. CONFLICTING OFFENSES. To the extent of any
3-17 conflict, the offenses defined by the Penal Code or other law
3-18 enacted after June 9, 1949, prevail over the offense defined by
3-19 Section 463.011.]
3-20 SECTION 2. (a) The repeal by this Act of Subchapter B,
3-21 Chapter 463, Health and Safety Code, does not apply to an offense
3-22 committed under that subchapter before the effective date of this
3-23 Act. For the purposes of this section, an offense is committed
3-24 before the effective date of this Act if any element of the offense
3-25 occurs before that date.
3-26 (b) An offense committed before the effective date of the
3-27 repeal is covered by that subchapter as it existed on the date on
4-1 which the offense was committed, and the former law is continued in
4-2 effect for that purpose.
4-3 SECTION 3. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.