Has anyone looked at this statute and how it should be applied as of right now?

The session law stated the new under 8 years old amendments would not be enforced until 6/1/2010 and that the old under 5 years old law would continue to be in effect until 6/1/2010. However, that language did not make it into the statute, it is in the historical notes in Vernon's Statutes.

Not sure how law enforcement should be writing the citations and what is enforceable? Continue to use the under 5 regulations until 6/1/2010 and write warnings for the under 8 violations?

Thanks

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Originally posted by Tina M Hall:
However, that language did not make it into the statute, it is in the historical notes in Vernon's Statutes.

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The effective dates of new legislation never appear in the text of the statutes being amended. That's why TDCAA always prints the effective dates immediately following new legislation in each edition of our code books.

quote:

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Originally posted by Tina M Hall:
Continue to use the under 5 regulations until 6/1/2010 and write warnings for the under 8 violations?

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Yep.

[This topic was moved from the civil to the criminal forum because it concerns an offense in the Transportation Code.]

Tina,

It can be confusing to realize that not every bit of the language in a passed bill is codified into a statute.

But the entire bill's language becomes effectively the law. As lawyers, we generally only look at the codified result of that bill in some code. However, the true source of authority for the new law is the entire bill. So, it is a good idea when a new law is passed to go back to the bill and read it entirely, including the clauses (generally at the end) that specify an effective date and include language how that effective date is applied (e.g., only for new crimes if involves an offense).

This stuff can get really complicated if the Legislature habitually changes the same law. For example, if you looked at the history of the state jail felony, you would have to chart out all the changes that have occurred nearly every session since it's creation in 1993. And, each change applies only to a particular set of effective dates. Maddening.

The process has gotten a lot easier to follow and see with the addition a few years ago of the Texas Leg Online web access. That site is a great resource for pulling up the bills, seeing bill analysis, even watching debates in the committees or on the floor.

Another good source are the various books published by TDCAA. Most of those books are updated on a regular basis, providing some summary of the history of such changes.

And, of course, Shannon works on a summary of the new laws following each session. That booklet is worth its weight in gold and is one of the most popular books statewide after a session is over.

So, thank you Tina for your first post. I hope you keep coming back with your questions.