Texas Attorney General Opinion: V-990 Page: 3 of 9
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Hon, A. C. Winborn, Page 3 (Opinion V-990)
Acts 1918, 4th Called Session, page 125; Acts 1929, 41st
Legislature, Chapter 103, be and the same is hereby
amended so as to hereafter read as follows:
" 'When any person is an habitual drunkard or an
addict to cocaine, morphine or other narcotics, and
in all cases where a child is caused to become a de-
linquent child or a dependent and neglected child under
the age of seventeen years, whether previously con-
victed or not, the parent, guardian or person having
the custody of, or the person responsible for such child,
habitual drunkard or narcotic addict, .or any person who
by any act encourages, causes, acts in conjunctionwith,
or. contributes to the delinquency, dependency or the
neglect of such child, habitual drunkard or narcotic ad-
dict, or who shall in any manner cause, encourage,. act
in conjunction with or contribute to the delinquency,
dependency or the neglect of any such child under the
age of seventeen years, or habitual drunkard or nar-
cotic addict, shall be fined not exceeding Five Hundred
($500) Dollars or be imprisoned in jail not to exceed
one year, or both. By the term "delinquency" as used
herein is also meant any act which tends to debase or
injure the morals, health or welfare of such child,
habitual drunkard or narcotic addict, and includes
drinking intoxicating liquor, the use of narcotics, go-
ing into or remaining in any bawdy house, assignation
house, disorderly house, or road house, hotel, public
dance hall 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 or sold, or associating with thieves and
immoral persons, or cause them to leave home or to
leave the custody of their parents or guardian or per-
sons standing in lieu thereof without first receiving
their consent or against their will, or who by undue in-
fluence, cause such habitual drunkard or narcotic ad-
d ict to unlawfully cohabit with.any person known to them
to be an habitual drunkard or narcotic addict, and any
other act which would constitute such a child a deilin-
quent or cause it to become a delinquent by committing
such act. The fact that a child has not been declared a
delinquent child or a neglected or dependent child, as
defined by the Statutes of this State, shall not be a de-
fense under this Act,' "
It is readily apparent that even though the two acts are in
ran material they are inconsistent with eah other in various pro-
visions, including those pertaining to jurisdiction, punishment, author-
ity to suspend sentence, and requiring bond, It is also to be observed
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-990, text, January 26, 1950; (https://texashistory.unt.edu/ark:/67531/metapth265809/m1/3/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.