No. V-0990 (1950).

• Case Date: January 26, 1950
• Court: Texas

Texas Attorney General Opinions 1950. No. V-0990 (1950). 1January 26, 1950Honorable A. C. WinbornDistrict AttorneyHouston, Texas Opinion No. V-990Re: The status of H.B. 656 and S.B. 425, Acts 51st Leg., 1949, relative to contributing to child delinquency in view of apparent inconsistency between them.Dear Mr. Winborn:Your request for an opinion relates to the status of H.B. 656 and S.B. 425, Acts 51st Leg., R.S., 1949, Chapters 500 and 488, pages 924 and 910, respectively, both of which undertook to add to and strengthen the law for punishment of those who encourage or contribute to child delinquency. The general purpose of the two bills, in so far as they relate to child delinquency, is the same. But so many details and special provisions of the two bills are different that both bills on the same offense cannot stand. You ask which, if either, of the bills is now effective. H.B. 656, which contained an emergency clause, was finally enacted by the Legislature on June 21, 1949. It was subsequently approved by the Governor on June 29, 1949, and reads as follows:

"Section 1. In all cases where any child shall be a delinquent, dependent or neglected child, as defined in the Statutes of this State, irrespective of whether any formal proceedings have been had to determine the status of such child, the parent or parents, legal guardian, or any person having such custody of such child, or any other person or persons who shall by any act encourage, cause or contribute to the dependency or delinquency of such child, or who acts in conjunction with such child in the acts which cause such child to be dependent or delinquent, shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding Five Hundred Dollars ($500), or by imprisonment in the county jail for not more than six (6) months, or by both fine and imprisonment, provided, however, that the court in which the case is heard may suspend the sentence for violation of the provisions of this Act, and impose conditions upon the defendant as to his future conduct, and may make such suspension dependent upon the fulfillment by the defendant of

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such conditions, and in case of the breach of such conditions or any part of them, the court may impose sentence as though there had been no such suspension. The court may also as a condition of such suspension, require a bond in such sum as the court may designate, to be approved by the Judge requiring it, to secure the performance by such person of the conditions placed by the court on such suspension; the bond by its terms shall be made payable to the County Judge of the county in which the prosecution is pending, and any money received from a breach of any of the provisions of the bond shall be paid into the county treasury. The provisions of law regulating forfeiture of appearance bonds shall govern so far as they are applicable. Exclusive jurisdiction of the offense defined in this Act is hereby conferred on Juvenile Courts, in accordance with the provisions of law establishing such courts.

"Sec. 2. By the term 'delinquency,' as used in this Act, is meant any act which tends to debase or injure morals, health or welfare of a child, drinking of intoxicating liquor, the use of narcotics, going into or remaining in any bawdy house, assignation house, disorderly house or roadhouse, hotel, public dance hall, or other gathering place where prostitutes, gamblers or thieves are permitted to enter and ply their trade, going into a place where intoxicating liquors or narcotics are kept, drunk, used, sold or given away, or associating with thieves and immoral persons, or enticing a minor to leave home or to leave the custody of its parents, guardians or persons standing in lieu thereof, without first receiving the consent of the parent, guardian or other person, in addition to all of the other acts which any other laws now in effect define to be delinquency or which create any child a delinquent.

"Sec. 3. Nothing contained in this Act shall be

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