By Wohlgemuth H.B. No. 3670
76R8206 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of a child for certain conduct
1-3 indicating a need for supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.02(2), Family Code, is amended to read
1-6 as follows:
1-7 (2) Except as provided by Section 51.03(f), "child"
1-8 ["Child"] means a person who is:
1-9 (A) ten years of age or older and under 17 years
1-10 of age; or
1-11 (B) seventeen years of age or older and under 18
1-12 years of age who is alleged or found to have engaged in delinquent
1-13 conduct or conduct indicating a need for supervision as a result of
1-14 acts committed before becoming 17 years of age.
1-15 SECTION 2. Section 51.03, Family Code, is amended by
1-16 amending Subsection (f) and adding Subsection (g) to read as
1-17 follows:
1-18 (f) For the purpose of conduct indicating a need for
1-19 supervision under Subsection (b)(3), "child" means a person who is
1-20 10 years of age or older and under 18 years of age.
1-21 (g) Conduct described under Subsection (b)(1) of this
1-22 section, other than conduct that violates Section 49.02, Penal
1-23 Code, prohibiting public intoxication, does not constitute conduct
1-24 indicating a need for supervision unless the child has been
2-1 referred to the juvenile court under Section 51.08(b) of this code.
2-2 SECTION 3. Section 51.041, Family Code, is amended to read
2-3 as follows:
2-4 Sec. 51.041. JURISDICTION AFTER APPEAL. The court retains
2-5 jurisdiction over a person, without regard to the age of the
2-6 person, for conduct engaged in by the person before becoming 17
2-7 years of age or for conduct indicating a need for supervision under
2-8 Section 51.03(b)(3) engaged in by the person before becoming 18
2-9 years of age if, as a result of an appeal by the person under
2-10 Chapter 56 of an order of the court, the order is reversed or
2-11 modified and the case remanded to the court by the appellate court.
2-12 SECTION 4. Section 52.027(i), Family Code, is amended to
2-13 read as follows:
2-14 (i) In this section, "child" means a person who:
2-15 (1) is at least 10 years of age and younger than 17
2-16 years of age and who is charged with or convicted of a traffic
2-17 offense; [or]
2-18 (2) is at least 10 years of age and younger than 18
2-19 years of age and who:
2-20 (A) is charged with or convicted of an offense,
2-21 other than public intoxication, punishable by fine only as a result
2-22 of an act committed before becoming 17 years of age;
2-23 (B) is a status offender and was taken into
2-24 custody as a status offender for conduct engaged in before becoming
2-25 17 years of age; or
2-26 (C) is a nonoffender and became a nonoffender
2-27 before becoming 17 years of age; or
3-1 (3) is at least 10 years of age and younger than 18
3-2 years of age and who is taken into custody as a status offender for
3-3 conduct indicating a need for supervision as described by Section
3-4 51.03(b)(3).
3-5 SECTION 5. (a) The change in law made by this Act applies
3-6 only to conduct that occurs on or after the effective date of this
3-7 Act.
3-8 (b) Conduct that occurs before the effective date of this
3-9 Act is covered by the law in effect at the time the conduct
3-10 occurred, and the former law is continued in effect for that
3-11 purpose.
3-12 SECTION 6. This Act takes effect September 1, 1999.
3-13 SECTION 7. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.