By Capelo                                             H.B. No. 2869
         76R8017 JMC-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that a child provide certain
 1-3     information to a juvenile probation officer as a condition of
 1-4     probation for certain offenses involving a handgun.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 54, Family Code, is amended by adding
 1-7     Section 54.0406 to read as follows:
 1-8           Sec. 54.0406.  CHILD PLACED ON PROBATION FOR CONDUCT
 1-9     INVOLVING A HANDGUN.  (a)  If a court or jury places a child on
1-10     probation under Section 54.04(d) for conduct that violates a penal
1-11     law that includes as an element of the offense the possession,
1-12     carrying, using, or exhibiting of a handgun, as defined by Section
1-13     46.01, Penal Code, and if at the adjudication hearing the court or
1-14     jury affirmatively finds that the child personally possessed,
1-15     carried, used, or exhibited the handgun, the court shall require as
1-16     a condition of probation that the child, not later than the 30th
1-17     day after the date the court places the child on probation, notify
1-18     the juvenile probation officer who is supervising the child of the
1-19     manner in which the child acquired the handgun, including the date
1-20     and place of and any person involved in the acquisition.
1-21           (b)  On receipt of information described by Subsection (a), a
1-22     juvenile probation officer shall promptly notify the appropriate
1-23     local law enforcement agency of the information.
1-24           SECTION 2.  (a)  The change in law made by this Act applies
 2-1     only to a child placed on probation under Section 54.04(d), Family
 2-2     Code, for conduct that occurs on or after the effective date of
 2-3     this Act.  Conduct violating a penal law of the state occurs on or
 2-4     after the effective date of this Act if every element of the
 2-5     violation occurs on or after that date.
 2-6           (b)  Conduct that occurs before the effective date of this
 2-7     Act is covered by the law in effect at the time the conduct
 2-8     occurred, and the former law is continued in effect for that
 2-9     purpose.
2-10           SECTION 3.  This Act takes effect September 1, 1999.
2-11           SECTION 4.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended.