1. (a) A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except:

   1. (1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;

   2. (2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for:

      1. (A) an offense under Section 521.457, Transportation Code;
      2. (B) an offense under Section 550.021, Transportation Code;
      3. (C) an offense punishable as a Class B misdemeanor under Section 550.022, Transportation Code;
      4. (D) an offense punishable as a Class B misdemeanor under Section 550.024, Transportation Code; or
      5. (E) an offense punishable as a Class B misdemeanor under Section 550.025, Transportation Code;
   3. (3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;
   4. (4) a misdemeanor punishable by fine only other than public intoxication;
   5. (5) a violation of a penal ordinance of a political subdivision;
   6. (6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or
   7. (7) a capital felony or an offense under Section 19.02 for which the person is transferred to the court under Section 54.02(j)(2)(A), Family Code.
2. (b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)(1)-(5).
3. (c) No person may, in any case, be punished by death for an offense committed while he was younger than 17 years.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, Sec. 24, eff. Sept. 1, 1975;

Acts 1987, 70th Leg., ch. 1040, Sec. 26, eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 1245, Sec. 3, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 169, Sec. 3, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Amended by Acts 1995, 74th Leg., ch. 262, Sec. 77, eff. Jan. 1, 1996;

Acts 1997, 75th Leg., ch. 165, Sec. 30.236, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 822, Sec. 4, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1086, Sec. 42, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1297, Sec. 68, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 283, Sec. 52, eff. Sept. 1, 2003.