By Bonnen                                             H.B. No. 2610
         77R7889 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the offense of criminal nonsupport of a child.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 25.05(a) and (d), Penal Code, are
 1-5     amended to read as follows:
 1-6           (a)  An individual commits an offense if the individual [he]
 1-7     intentionally or knowingly fails to provide support for the
 1-8     individual's [his] child younger than 18 years of age, or for the
 1-9     individual's [his] child who is the subject of a court order
1-10     requiring the individual to support the child.
1-11           (d)  It is an affirmative defense to prosecution under this
1-12     section that the actor could not provide support for the actor's
1-13     [his] child.
1-14           SECTION 2.  This Act takes effect immediately if it receives
1-15     a vote of two-thirds of all the members elected to each house, as
1-16     provided by Section 39, Article III, Texas Constitution.  If this
1-17     Act does not receive the vote necessary for immediate effect, this
1-18     Act takes effect September 1, 2001.