87R9298 ADM-D
 
  By: Allen H.B. No. 4371
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to juvenile justice reform, including the age of a child at
  which a juvenile court may exercise jurisdiction over the child and
  the age of criminal responsibility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
         SECTION 1.01.  Section 37.141(1), Education Code, is amended
  to read as follows:
               (1)  "Child" means a person who is:
                     (A)  a student; and
                     (B)  at least 13 [10] years of age and younger than
  18 years of age.
         SECTION 1.02.  Section 51.02(2), Family Code, is amended to
  read as follows:
               (2)  "Child" means a person who is:
                     (A)  13 [ten] years of age or older and under 18
  [17] years of age; or
                     (B)  18 [seventeen] years of age or older and
  under 20 [18] years of age who is:
                           (i)  alleged or found to have engaged in
  delinquent conduct or conduct indicating a need for supervision as
  a result of acts committed before becoming 18 [17] years of age; and
                           (ii)  under the jurisdiction of a juvenile
  court.
         SECTION 1.03.  Sections 8.07(b), (d), and (e), Penal Code,
  are amended to read as follows:
         (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 18 [17] years of
  age except an offense described by Subsections (a)(1)-(5).
         (d)  Notwithstanding Subsection (a), a person may not be
  prosecuted for or convicted of an offense described by Subsection
  (a)(4) or (5) that the person committed when younger than 13 [10]
  years of age.
         (e)  A person who is at least 13 [10] years of age but younger
  than 15 years of age is presumed incapable of committing an offense
  described by Subsection (a)(4) or (5), other than an offense under a
  juvenile curfew ordinance or order. This presumption may be
  refuted if the prosecution proves to the court by a preponderance of
  the evidence that the actor had sufficient capacity to understand
  that the conduct engaged in was wrong at the time the conduct was
  engaged in. The prosecution is not required to prove that the actor
  at the time of engaging in the conduct knew that the act was a
  criminal offense or knew the legal consequences of the offense.
         SECTION 1.04.  The changes in law made by this article apply
  only to an offense committed or conduct that occurs on or after
  September 1, 2021. An offense committed or conduct that occurred
  before September 1, 2021, is governed by the law in effect on the
  date the offense was committed or the conduct occurred, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed or conduct occurred before
  September 1, 2021, if any element of the offense or conduct occurred
  before that date.
  ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
         SECTION 2.01.  Section 15.031(e), Penal Code, is amended to
  read as follows:
         (e)  An offense under this section is one category lower than
  the solicited offense, except that an offense under this section is
  the same category as the solicited offense if it is shown on the
  trial of the offense that the actor:
               (1)  was at the time of the offense 18 [17] years of age
  or older and a member of a criminal street gang, as defined by
  Section 71.01; and
               (2)  committed the offense with the intent to:
                     (A)  further the criminal activities of the
  criminal street gang; or
                     (B)  avoid detection as a member of a criminal
  street gang.
         SECTION 2.02.  Section 21.02(b), Penal Code, is amended to
  read as follows:
         (b)  A person commits an offense if:
               (1)  during a period that is 30 or more days in
  duration, the person commits two or more acts of sexual abuse,
  regardless of whether the acts of sexual abuse are committed
  against one or more victims; and
               (2)  at the time of the commission of each of the acts
  of sexual abuse, the actor is 18 [17] years of age or older and the
  victim is a child younger than 14 years of age, regardless of
  whether the actor knows the age of the victim at the time of the
  offense.
         SECTION 2.03.  Section 33.021(b), Penal Code, is amended to
  read as follows:
         (b)  A person who is 18 [17] years of age or older commits an
  offense if, with the intent to commit an offense listed in Article
  62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
  over the Internet, by electronic mail or text message or other
  electronic message service or system, or through a commercial
  online service, intentionally:
               (1)  communicates in a sexually explicit manner with a
  minor; or
               (2)  distributes sexually explicit material to a minor.
         SECTION 2.04.  Section 71.028(c), Penal Code, is amended to
  read as follows:
         (c)  Except as provided by Subsection (d), the punishment
  prescribed for an offense described by Subsection (b) is increased
  to the punishment prescribed for the next highest category of
  offense if the actor is 18 [17] years of age or older and it is shown
  beyond a reasonable doubt on the trial of the offense that the actor
  committed the offense at a location that was:
               (1)  in, on, or within 1,000 feet of any:
                     (A)  real property that is owned, rented, or
  leased by a school or school board;
                     (B)  premises owned, rented, or leased by an
  institution of higher education;
                     (C)  premises of a public or private youth center;
  or
                     (D)  playground;
               (2)  in, on, or within 300 feet of any:
                     (A)  shopping mall;
                     (B)  movie theater;
                     (C)  premises of a public swimming pool; or
                     (D)  premises of a video arcade facility; or
               (3)  on a school bus.
         SECTION 2.05.  Sections 545.424(b) and (b-1),
  Transportation Code, are amended to read as follows:
         (b)  A person under 18 [17] years of age who holds a
  restricted motorcycle license may not operate a motorcycle while
  using a wireless communication device, except in case of emergency.
  This subsection does not apply to a person licensed by the Federal
  Communications Commission while operating a radio frequency device
  other than a wireless communication device.
         (b-1)  A person under 18 [17] years of age who holds a
  restricted motorcycle license, during the 12-month period
  following the issuance of an original motorcycle license to the
  person, may not operate a motorcycle after midnight and before 5
  a.m. unless:
               (1)  the person is in sight of the person's parent or
  guardian; or
               (2)  the operation of the vehicle is necessary for the
  operator to attend or participate in employment or a school-related
  activity or because of a medical emergency.
         SECTION 2.06.  Section 729.001(a), Transportation Code, is
  amended to read as follows:
         (a)  A person who is younger than 18 [17] years of age commits
  an offense if the person operates a motor vehicle on a public road
  or highway, a street or alley in a municipality, or a public beach
  in violation of any traffic law of this state, including:
               (1)  Chapter 502, other than Section [502.282 or]
  502.412;
               (2)  Chapter 521, other than an offense under Section
  521.457;
               (3)  Subtitle C, other than an offense punishable by
  imprisonment or by confinement in jail under Section 550.021,
  550.022, 550.024, or 550.025;
               (4)  Chapter 601;
               (5)  Chapter 621;
               (6)  Chapter 661; and
               (7)  Chapter 681.
         SECTION 2.07.  Section 729.002, Transportation Code, is
  amended to read as follows:
         Sec. 729.002.  OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
  LICENSE. (a) A person who is younger than 18 [17] years of age
  commits an offense if the person operates a motor vehicle without a
  driver's license authorizing the operation of a motor vehicle on a:
               (1)  public road or highway;
               (2)  street or alley in a municipality; or
               (3)  public beach as defined by Section 729.001.
         (b)  An offense under this section is punishable in the same
  manner as if the person was 18 [17] years of age or older and
  operated a motor vehicle without a license as described by
  Subsection (a), except that an offense under this section is not
  punishable by confinement or imprisonment.
         SECTION 2.08.  The changes in law made by this article apply
  only to an offense committed on or after September 1, 2021. An
  offense committed before September 1, 2021, is governed by the law
  in effect on the date the offense was committed, and the former law
  is continued in effect for that purpose. For purposes of this
  section, an offense was committed before September 1, 2021, if any
  element of the offense occurred before that date.
  ARTICLE 3. CRIMINAL PROCEDURES
         SECTION 3.01.  Article 4.19, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 4.19.  TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
  ADULT. (a)  Notwithstanding the order of a juvenile court to detain
  a person under the age of 18 [17] who has been certified to stand
  trial as an adult in a certified juvenile detention facility under
  Section 54.02(h), Family Code, the judge of the criminal court
  having jurisdiction over the person may order the person to be
  transferred to an adult facility.  A child who is transferred to an
  adult facility must be detained under conditions meeting the
  requirements of Section 51.12, Family Code.
         (b)  On the 18th [17th] birthday of a person described by
  Subsection (a) who is detained in a certified juvenile detention
  facility under Section 54.02(h), Family Code, the judge of the
  criminal court having jurisdiction over the person shall order the
  person to be transferred to an adult facility.
         SECTION 3.02.  Article 45.0215(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  This article applies to a defendant who has not had the
  disabilities of minority removed and [has been:
               [(1)  charged with an offense other than an offense
  under Section 43.261, Penal Code, if the defendant is younger than
  17 years of age; or
               [(2)  charged with an offense under Section 43.261,
  Penal Code, if the defendant] is younger than 18 years of age.
         SECTION 3.03.  Articles 45.0216(b) and (h), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  A person may apply to the court in which the person was
  convicted to have the conviction expunged as provided by this
  article on or after the person's 18th [17th] birthday if:
               (1)  the person was convicted of not more than one
  offense described by Section 8.07(a)(4) or (5), Penal Code, while
  the person was a child; or
               (2)  the person was convicted only once of an offense
  under Section 43.261, Penal Code.
         (h)  Records of a person under 18 [17] years of age relating
  to a complaint may be expunged under this article if:
               (1)  the complaint was dismissed under Article 45.051
  or 45.052 or other law; or
               (2)  the person was acquitted of the offense.
         SECTION 3.04.  Article 45.045(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  A capias pro fine may not be issued for an individual
  convicted for an offense committed before the individual's 18th
  [17th] birthday unless:
               (1)  the individual is 18 [17] years of age or older;
               (2)  the court finds that the issuance of the capias pro
  fine is justified after considering:
                     (A)  the sophistication and maturity of the
  individual;
                     (B)  the criminal record and history of the
  individual; and
                     (C)  the reasonable likelihood of bringing about
  the discharge of the judgment through the use of procedures and
  services currently available to the court; and
               (3)  the court has proceeded under Article 45.050 to
  compel the individual to discharge the judgment.
         SECTION 3.05.  Article 45.0492(a), Code of Criminal
  Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
  Legislature, Regular Session, 2011, is amended to read as follows:
         (a)  This article applies only to a defendant younger than 18
  [17] years of age who is assessed a fine or costs for a Class C
  misdemeanor occurring in a building or on the grounds of the primary
  or secondary school at which the defendant was enrolled at the time
  of the offense.
         SECTION 3.06.  Article 45.0492(a), Code of Criminal
  Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
  Legislature, Regular Session, 2011, is amended to read as follows:
         (a)  This article applies only to a defendant younger than 18
  [17] years of age who is assessed a fine or costs for a Class C
  misdemeanor.
         SECTION 3.07.  Articles 45.050(d), (e), and (g), Code of
  Criminal Procedure, are amended to read as follows:
         (d)  A justice or municipal court may hold a person in
  contempt and impose a remedy authorized by Subsection (c)(2) if:
               (1)  the person was convicted for an offense committed
  before the person's 18th [17th] birthday;
               (2)  the person failed to obey the order while the
  person was 18 [17] years of age or older; and
               (3)  the failure to obey occurred under circumstances
  that constitute contempt of court.
         (e)  A justice or municipal court may hold a person in
  contempt and impose a remedy authorized by Subsection (c)(2) if the
  person, while younger than 18 [17] years of age, engaged in conduct
  in contempt of an order issued by the justice or municipal court,
  but contempt proceedings could not be held before the person's 18th
  [17th] birthday.
         (g)  A justice or municipal court may not refer a child who
  violates a court order while 18 [17] years of age or older to a
  juvenile court for delinquency proceedings for contempt of court.
         SECTION 3.08.  Article 45.057(h), Code of Criminal
  Procedure, is amended to read as follows:
         (h)  A child and parent required to appear before the court
  have an obligation to provide the court in writing with the current
  address and residence of the child. The obligation does not end
  when the child reaches age 18 [17]. On or before the seventh day
  after the date the child or parent changes residence, the child or
  parent shall notify the court of the current address in the manner
  directed by the court. A violation of this subsection may result in
  arrest and is a Class C misdemeanor. The obligation to provide
  notice terminates on discharge and satisfaction of the judgment or
  final disposition not requiring a finding of guilt.
         SECTION 3.09.  Article 45.058(h), Code of Criminal
  Procedure, is amended to read as follows:
         (h)  In this article, "child" means a person who is:
               (1)  at least 13 [10] years of age and younger than 18
  [17] years of age; and
               (2)  charged with or convicted of an offense that a
  justice or municipal court has jurisdiction of under Article 4.11
  or 4.14.
         SECTION 3.10.  Article 45.059(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A peace officer taking into custody a person younger
  than 18 [17] years of age for violation of a juvenile curfew
  ordinance of a municipality or order of the commissioners court of a
  county shall, without unnecessary delay:
               (1)  release the person to the person's parent,
  guardian, or custodian;
               (2)  take the person before a justice or municipal
  court to answer the charge; or
               (3)  take the person to a place designated as a juvenile
  curfew processing office by the head of the law enforcement agency
  having custody of the person.
         SECTION 3.11.  Articles 45.060(a), (b), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Except as provided by Articles 45.058 and 45.059, an
  individual may not be taken into secured custody for offenses
  alleged to have occurred before the individual's 18th [17th]
  birthday.
         (b)  On or after an individual's 18th [17th] birthday, if the
  court has used all available procedures under this chapter to
  secure the individual's appearance to answer allegations made
  before the individual's 18th [17th] birthday, the court may issue a
  notice of continuing obligation to appear by personal service or by
  mail to the last known address and residence of the individual. The
  notice must order the individual to appear at a designated time,
  place, and date to answer the allegations detailed in the notice.
         (e)  A notice of continuing obligation to appear issued under
  this article must contain the following statement provided in
  boldfaced type or capital letters:
         "WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
  BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
  MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
  ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
  CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
  ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
  FOR YOUR ARREST."
         SECTION 3.12.  Article 62.001(6), Code of Criminal
  Procedure, is amended to read as follows:
               (6)  "Sexually violent offense" means any of the
  following offenses committed by a person 18 [17] years of age or
  older:
                     (A)  an offense under Section 21.02 (Continuous
  sexual abuse of young child or children), 21.11(a)(1) (Indecency
  with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
  sexual assault), Penal Code;
                     (B)  an offense under Section 43.25 (Sexual
  performance by a child), Penal Code;
                     (C)  an offense under Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the defendant committed the
  offense with intent to violate or abuse the victim sexually;
                     (D)  an offense under Section 30.02 (Burglary),
  Penal Code, if the offense is punishable under Subsection (d) of
  that section and the defendant committed the offense with intent to
  commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
  or
                     (E)  an offense under the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice if the offense contains elements that are
  substantially similar to the elements of an offense listed under
  Paragraph (A), (B), (C), or (D).
         SECTION 3.13.  Article 62.351(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  During or after disposition of a case under Section
  54.04, Family Code, for adjudication of an offense for which
  registration is required under this chapter, the juvenile court on
  motion of the respondent shall conduct a hearing to determine
  whether the interests of the public require registration under this
  chapter. The motion may be filed and the hearing held regardless of
  whether the respondent is under 19 [18] years of age. Notice of the
  motion and hearing shall be provided to the prosecuting attorney.
         SECTION 3.14.  Article 62.352(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  If the court enters an order described by Subsection
  (b)(1), the court retains discretion and jurisdiction to require,
  or exempt the respondent from, registration under this chapter at
  any time during the treatment or on the successful or unsuccessful
  completion of treatment, except that during the period of deferral,
  registration may not be required. Following successful completion
  of treatment, the respondent is exempted from registration under
  this chapter unless a hearing under this subchapter is held on
  motion of the prosecuting attorney, regardless of whether the
  respondent is 19 [18] years of age or older, and the court
  determines the interests of the public require registration. Not
  later than the 10th day after the date of the respondent's
  successful completion of treatment, the treatment provider shall
  notify the juvenile court and prosecuting attorney of the
  completion.
         SECTION 3.15.  Article 62.353(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  The person may file a motion under Subsection (a) in the
  original juvenile case regardless of whether the person, at the
  time of filing the motion, is 19 [18] years of age or older. Notice
  of the motion shall be provided to the prosecuting attorney. A
  hearing on the motion shall be provided as in other cases under this
  subchapter.
         SECTION 3.16.  Section 37.085, Education Code, is amended to
  read as follows:
         Sec. 37.085.  ARRESTS PROHIBITED FOR CERTAIN CLASS C
  MISDEMEANORS.  Notwithstanding any other provision of law, a
  warrant may not be issued for the arrest of a person for a Class C
  misdemeanor under this code committed when the person was younger
  than 18 [17] years of age.
         SECTION 3.17.  Section 153.0071(e-1), Family Code, is
  amended to read as follows:
         (e-1)  Notwithstanding Subsections (d) and (e), a court may
  decline to enter a judgment on a mediated settlement agreement if
  the court finds:
               (1)  that:
                     (A)  a party to the agreement was a victim of
  family violence, and that circumstance impaired the party's ability
  to make decisions; or
                     (B)  the agreement would permit a person who is
  subject to registration under Chapter 62, Code of Criminal
  Procedure, on the basis of an offense committed by the person when
  the person was 18 [17] years of age or older or who otherwise has a
  history or pattern of past or present physical or sexual abuse
  directed against any person to:
                           (i)  reside in the same household as the
  child; or
                           (ii)  otherwise have unsupervised access to
  the child; and
               (2)  that the agreement is not in the child's best
  interest.
         SECTION 3.18.  Section 521.453(i), Transportation Code, is
  amended to read as follows:
         (i)  If the person ordered to perform community service under
  Subsection (h) is younger than 18 [17] years of age, the community
  service shall be performed as if ordered by a juvenile court under
  Section 54.044(a), Family Code, as a condition of probation under
  Section 54.04(d), Family Code.
         SECTION 3.19.  (a) Except as provided by Subsection (b) of
  this section, the changes in law made by this article apply only to
  an offense committed on or after September 1, 2021. An offense
  committed before September 1, 2021, is governed by the law in effect
  on the date the offense was committed, and the former law is
  continued in effect for that purpose.
         (b)  Articles 45.0216(b) and (h), Code of Criminal
  Procedure, as amended by this article, apply only to the expunction
  of certain records related to an offense committed on or after
  September 1, 2021. The expunction of certain records related to an
  offense committed before September 1, 2021, is governed by the law
  in effect on the date the offense was committed, and the former law
  is continued in effect for that purpose.
         (c)  For purposes of this section, an offense was committed
  before September 1, 2021, if any element of the offense occurred
  before that date.
  ARTICLE 4. JUVENILE COURT PROCEDURES
         SECTION 4.01.  Section 51.041, Family Code, is amended to
  read as follows:
         Sec. 51.041.  JURISDICTION AFTER APPEAL. (a) The court
  retains jurisdiction over a person, without regard to the age of the
  person, for conduct engaged in by the person before becoming 18 [17]
  years of age if, as a result of an appeal by the person or the state
  under Chapter 56 of an order of the court, the order is reversed or
  modified and the case remanded to the court by the appellate court.
         (b)  If the respondent is at least 18 years of age when the
  order of remand from the appellate court is received by the juvenile
  court, the juvenile court shall proceed as provided by Sections
  54.02(o)-(r) for the detention of a person at least 19 [18] years of
  age in discretionary transfer proceedings. Pending retrial of the
  adjudication or transfer proceeding, the juvenile court may:
               (1)  order the respondent released from custody;
               (2)  order the respondent detained in a juvenile
  detention facility; or
               (3)  set bond and order the respondent detained in a
  county adult facility if bond is not made.
         SECTION 4.02.  Section 51.0412, Family Code, is amended to
  read as follows:
         Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS.
  The court retains jurisdiction over a person, without regard to the
  age of the person, who is a respondent in an adjudication
  proceeding, a disposition proceeding, a proceeding to modify
  disposition, a proceeding for waiver of jurisdiction and transfer
  to criminal court under Section 54.02(a), or a motion for transfer
  of determinate sentence probation to an appropriate district court
  if:
               (1)  the petition or motion was filed while the
  respondent was younger than 19 or 20 [18 or 19] years of age, as
  applicable;
               (2)  the proceeding is not complete before the
  respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
  and
               (3)  the court enters a finding in the proceeding that
  the prosecuting attorney exercised due diligence in an attempt to
  complete the proceeding before the respondent became 19 or 20 [18 or
  19] years of age, as applicable.
         SECTION 4.03.  Sections 51.12(f) and (h), Family Code, are
  amended to read as follows:
         (f)  A child detained in a building that contains a jail,
  lockup, or other place of secure confinement, including an alcohol
  or other drug treatment facility, shall be separated by sight and
  sound from adults detained in the same building. Children and
  adults are separated by sight and sound only if they are unable to
  see each other and conversation between them is not possible. The
  separation must extend to all areas of the facility, including
  sally ports and passageways, and those areas used for admission,
  counseling, sleeping, toileting, showering, dining, recreational,
  educational, or vocational activities, and health care. The
  separation may be accomplished through architectural design. A
  person who has been transferred for prosecution in criminal court
  under Section 54.02 and is under 18 [17] years of age is considered
  a child for the purposes of this subsection.
         (h)  This section does not apply to a person:
               (1)  who has been transferred to criminal court for
  prosecution under Section 54.02 and is at least 18 [17] years of
  age; or
               (2)  who is at least 18 [17] years of age and who has
  been taken into custody after having:
                     (A)  escaped from a juvenile facility operated by
  or under contract with the Texas Juvenile Justice Department; or
                     (B)  violated a condition of release under
  supervision of the department.
         SECTION 4.04.  Section 54.02(j), Family Code, is amended to
  read as follows:
         (j)  The juvenile court may waive its exclusive original
  jurisdiction and transfer a person to the appropriate district
  court or criminal district court for criminal proceedings if:
               (1)  the person is 19 [18] years of age or older;
               (2)  the person was:
                     (A)  13 [10] years of age or older and under 18
  [17] years of age at the time the person is alleged to have
  committed a capital felony or an offense under Section 19.02, Penal
  Code;
                     (B)  14 years of age or older and under 18 [17]
  years of age at the time the person is alleged to have committed an
  aggravated controlled substance felony or a felony of the first
  degree other than an offense under Section 19.02, Penal Code; or
                     (C)  15 years of age or older and under 18 [17]
  years of age at the time the person is alleged to have committed a
  felony of the second or third degree or a state jail felony;
               (3)  no adjudication concerning the alleged offense has
  been made or no adjudication hearing concerning the offense has
  been conducted;
               (4)  the juvenile court finds from a preponderance of
  the evidence that:
                     (A)  for a reason beyond the control of the state
  it was not practicable to proceed in juvenile court before the 19th
  [18th] birthday of the person; or
                     (B)  after due diligence of the state it was not
  practicable to proceed in juvenile court before the 19th [18th]
  birthday of the person because:
                           (i)  the state did not have probable cause to
  proceed in juvenile court and new evidence has been found since the
  19th [18th] birthday of the person;
                           (ii)  the person could not be found; or
                           (iii)  a previous transfer order was
  reversed by an appellate court or set aside by a district court; and
               (5)  the juvenile court determines that there is
  probable cause to believe that the child before the court committed
  the offense alleged.
         SECTION 4.05.  Section 54.0326(b), Family Code, is amended
  to read as follows:
         (b)  A juvenile court may defer adjudication proceedings
  under Section 54.03 until the child's 19th [18th] birthday and
  require a child to participate in a program established under
  Section 152.0017, Human Resources Code, if the child:
               (1)  is alleged to have engaged in delinquent conduct
  or conduct indicating a need for supervision and may be a victim of
  conduct that constitutes an offense under Section 20A.02, Penal
  Code; and
               (2)  presents to the court an oral or written request to
  participate in the program.
         SECTION 4.06.  Sections 54.04(e), (l), and (q), Family Code,
  are amended to read as follows:
         (e)  The Texas Juvenile Justice Department shall accept a
  person properly committed to it by a juvenile court even though the
  person may be 18 [17] years of age or older at the time of
  commitment.
         (l)  Except as provided by Subsection (q), a court or jury
  may place a child on probation under Subsection (d)(1) for any
  period, except that probation may not continue on or after the
  child's 19th [18th] birthday. Except as provided by Subsection
  (q), the court may, before the period of probation ends, extend the
  probation for any period, except that the probation may not extend
  to or after the child's 19th [18th] birthday.
         (q)  If a court or jury sentences a child to commitment in the
  Texas Juvenile Justice Department or a post-adjudication secure
  correctional facility under Subsection (d)(3) for a term of not
  more than 10 years, the court or jury may place the child on
  probation under Subsection (d)(1) as an alternative to making the
  disposition under Subsection (d)(3).  The court shall prescribe the
  period of probation ordered under this subsection for a term of not
  more than 10 years.  The court may, before the sentence of probation
  expires, extend the probationary period under Section 54.05, except
  that the sentence of probation and any extension may not exceed 10
  years. The court may, before the child's 20th [19th] birthday,
  discharge the child from the sentence of probation. If a sentence
  of probation ordered under this subsection and any extension of
  probation ordered under Section 54.05 will continue after the
  child's 20th [19th] birthday, the court shall discharge the child
  from the sentence of probation on the child's 20th [19th] birthday
  unless the court transfers the child to an appropriate district
  court under Section 54.051.
         SECTION 4.07.  Section 54.0405(i), Family Code, is amended
  to read as follows:
         (i)  A court that requires as a condition of probation that a
  child attend psychological counseling under Subsection (a) may,
  before the date the probation period ends, extend the probation for
  any additional period necessary to complete the required counseling
  as determined by the treatment provider, except that the probation
  may not be extended to a date after the date of the child's 19th
  [18th] birthday, or 20th [19th] birthday if the child is placed on
  determinate sentence probation under Section 54.04(q).
         SECTION 4.08.  Sections 54.041(b) and (h), Family Code, are
  amended to read as follows:
         (b)  If a child is found to have engaged in delinquent
  conduct or conduct indicating a need for supervision arising from
  the commission of an offense in which property damage or loss or
  personal injury occurred, the juvenile court, on notice to all
  persons affected and on hearing, may order the child or a parent to
  make full or partial restitution to the victim of the offense. The
  program of restitution must promote the rehabilitation of the
  child, be appropriate to the age and physical, emotional, and
  mental abilities of the child, and not conflict with the child's
  schooling. When practicable and subject to court supervision, the
  court may approve a restitution program based on a settlement
  between the child and the victim of the offense. An order under
  this subsection may provide for periodic payments by the child or a
  parent of the child for the period specified in the order but except
  as provided by Subsection (h), that period may not extend past the
  date of the 19th [18th] birthday of the child or past the date the
  child is no longer enrolled in an accredited secondary school in a
  program leading toward a high school diploma, whichever date is
  later.
         (h)  If the juvenile court places the child on probation in a
  determinate sentence proceeding initiated under Section 53.045 and
  transfers supervision on the child's 20th [19th] birthday to a
  district court for placement on community supervision, the district
  court shall require the payment of any unpaid restitution as a
  condition of the community supervision. The liability of the
  child's parent for restitution may not be extended by transfer to a
  district court for supervision.
         SECTION 4.09.  Sections 54.05(a) and (b), Family Code, are
  amended to read as follows:
         (a)  Any [Except as provided by Subsection (a-1), any]
  disposition, except a commitment to the Texas Juvenile Justice
  Department, may be modified by the juvenile court as provided in
  this section until:
               (1)  the child reaches:
                     (A)  the child's 19th [18th] birthday; or
                     (B)  the child's 20th [19th] birthday, if the
  child was placed on determinate sentence probation under Section
  54.04(q); or
               (2)  the child is earlier discharged by the court or
  operation of law.
         (b)  Except for a commitment to the Texas Juvenile Justice
  Department or to a post-adjudication secure correctional facility
  under former Section 54.04011 or a placement on determinate
  sentence probation under Section 54.04(q), all dispositions
  automatically terminate when the child reaches the child's 19th
  [18th] birthday.
         SECTION 4.10.  Sections 54.051(a), (b), (c), (d), (e-2), and
  (i), Family Code, are amended to read as follows:
         (a)  On motion of the state concerning a child who is placed
  on probation under Section 54.04(q) for a period, including any
  extension ordered under Section 54.05, that will continue after the
  child's 20th [19th] birthday, the juvenile court shall hold a
  hearing to determine whether to transfer the child to an
  appropriate district court or discharge the child from the sentence
  of probation.
         (b)  The hearing must be conducted before the person's 20th
  [19th] birthday[, or before the person's 18th birthday if the
  offense for which the person was placed on probation occurred
  before September 1, 2011,] and must be conducted in the same manner
  as a hearing to modify disposition under Section 54.05.
         (c)  If, after a hearing, the court determines to discharge
  the child, the court shall specify a date on or before the child's
  20th [19th] birthday to discharge the child from the sentence of
  probation.
         (d)  If, after a hearing, the court determines to transfer
  the child, the court shall transfer the child to an appropriate
  district court on the child's 20th [19th] birthday.
         (e-2)  If a person who is placed on community supervision
  under this section violates a condition of that supervision or if
  the person violated a condition of probation ordered under Section
  54.04(q) and that probation violation was not discovered by the
  state before the person's 20th [19th] birthday, the district court
  shall dispose of the violation of community supervision or
  probation, as appropriate, in the same manner as if the court had
  originally exercised jurisdiction over the case. If the judge
  revokes community supervision, the judge may reduce the prison
  sentence to any length without regard to the minimum term imposed by
  Article 42A.755(a), Code of Criminal Procedure.
         (i)  If the juvenile court exercises jurisdiction over a
  person on or after the person's 19th or 20th birthday [who is 18 or
  19 years of age or older], as applicable, under Section 51.041 or
  51.0412, the court or jury may, if the person is otherwise eligible,
  place the person on probation under Section 54.04(q). The juvenile
  court shall set the conditions of probation and immediately
  transfer supervision of the person to the appropriate court
  exercising criminal jurisdiction under Subsection (e).
         SECTION 4.11.  Section 54.11(l), Family Code, is amended to
  read as follows:
         (l)  Pending the conclusion of a transfer hearing, the
  juvenile court shall order that the person who is referred for
  transfer be detained in a certified juvenile detention facility as
  provided by Subsection (m). If the person is at least 18 [17] years
  of age, the juvenile court may order that the person be detained
  without bond in an appropriate county facility for the detention of
  adults accused of criminal offenses.
         SECTION 4.12.  Section 55.15, Family Code, is amended to
  read as follows:
         Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER
  FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
  which the child's case is referred under Section 55.12(2) orders
  mental health services for the child, the child shall be cared for,
  treated, and released in conformity to Subtitle C, Title 7, Health
  and Safety Code, except:
               (1)  a court order for mental health services for a
  child automatically expires on the 120th day after the date the
  child becomes 19 [18] years of age; and
               (2)  the administrator of a mental health facility
  shall notify, in writing, by certified mail, return receipt
  requested, the juvenile court that ordered mental health services
  or the juvenile court that referred the case to a court that ordered
  the mental health services of the intent to discharge the child at
  least 10 days prior to discharge.
         SECTION 4.13.  Section 55.18, Family Code, is amended to
  read as follows:
         Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
  REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
  mental health facility before reaching 19 [18] years of age, the
  juvenile court may:
               (1)  dismiss the juvenile court proceedings with
  prejudice; or
               (2)  continue with proceedings under this title as
  though no order of mental health services had been made.
         SECTION 4.14.  The heading to Section 55.19, Family Code, is
  amended to read as follows:
         Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
  BIRTHDAY.
         SECTION 4.15.  Section 55.19(a), Family Code, is amended to
  read as follows:
         (a)  The juvenile court shall transfer all pending
  proceedings from the juvenile court to a criminal court on the 19th
  [18th] birthday of a child for whom the juvenile court or a court to
  which the child's case is referred under Section 55.12(2) has
  ordered inpatient mental health services if:
               (1)  the child is not discharged or furloughed from the
  inpatient mental health facility before reaching 19 [18] years of
  age; and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         SECTION 4.16.  Section 55.43(a), Family Code, is amended to
  read as follows:
         (a)  The prosecuting attorney may file with the juvenile
  court a motion for a restoration hearing concerning a child if:
               (1)  the child is found unfit to proceed as a result of
  mental illness or an intellectual disability; and
               (2)  the child:
                     (A)  is not:
                           (i)  ordered by a court to receive inpatient
  mental health services;
                           (ii)  committed by a court to a residential
  care facility; or
                           (iii)  ordered by a court to receive
  treatment on an outpatient basis; or
                     (B)  is discharged or currently on furlough from a
  mental health facility or outpatient center before the child
  reaches 19 [18] years of age.
         SECTION 4.17.  The heading to Section 55.44, Family Code, is
  amended to read as follows:
         Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
  BIRTHDAY OF CHILD.
         SECTION 4.18.  Section 55.44(a), Family Code, is amended to
  read as follows:
         (a)  The juvenile court shall transfer all pending
  proceedings from the juvenile court to a criminal court on the 19th
  [18th] birthday of a child for whom the juvenile court or a court to
  which the child's case is referred has ordered inpatient mental
  health services or residential care for persons with an
  intellectual disability if:
               (1)  the child is not discharged or currently on
  furlough from the facility before reaching 19 [18] years of age; and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         SECTION 4.19.  The heading to Section 56.03, Family Code, is
  amended to read as follows:
         Sec. 56.03.  APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
  FOR DETERMINATE SENTENCE].
         SECTION 4.20.  Section 56.03(b), Family Code, is amended to
  read as follows:
         (b)  The state is entitled to appeal an order of a court:
               (1)  in a juvenile case in which the grand jury has
  approved of the petition under Section 53.045 if the order:
                     (A) [(1)]  dismisses a petition or any portion of
  a petition;
                     (B) [(2)]  arrests or modifies a judgment;
                     (C) [(3)]  grants a new trial;
                     (D) [(4)]  sustains a claim of former jeopardy; or
                     (E) [(5)]  grants a motion to suppress evidence, a
  confession, or an admission and if:
                           (i) [(A)]  jeopardy has not attached in the
  case;
                           (ii) [(B)]  the prosecuting attorney
  certifies to the trial court that the appeal is not taken for the
  purpose of delay; and
                           (iii) [(C)]  the evidence, confession, or
  admission is of substantial importance in the case; or
               (2)  if the order denies the transfer of the child under
  Section 54.02 to criminal court for prosecution as an adult.
         SECTION 4.21.  Section 58.0052(a)(3), Family Code, is
  amended to read as follows:
               (3)  "Multi-system youth" means a person who:
                     (A)  is younger than 20 [19] years of age; and
                     (B)  has received services from two or more
  juvenile service providers.
         SECTION 4.22.  Section 58.253(b), Family Code, is amended to
  read as follows:
         (b)  A person who was referred to a juvenile probation
  department for delinquent conduct is entitled to have all records
  related to the person's juvenile matters, including records
  relating to any matters involving conduct indicating a need for
  supervision, sealed without applying to the juvenile court if the
  person:
               (1)  is at least 20 [19] years of age;
               (2)  has not been adjudicated as having engaged in
  delinquent conduct or, if adjudicated for delinquent conduct, was
  not adjudicated for delinquent conduct violating a penal law of the
  grade of felony;
               (3)  does not have any pending delinquent conduct
  matters;
               (4)  has not been transferred by a juvenile court to a
  criminal court for prosecution under Section 54.02;
               (5)  has not as an adult been convicted of a felony or a
  misdemeanor punishable by confinement in jail; and
               (6)  does not have any pending charges as an adult for a
  felony or a misdemeanor punishable by confinement in jail.
         SECTION 4.23.  Section 58.255(a), Family Code, is amended to
  read as follows:
         (a)  A person who was referred to a juvenile court for
  conduct indicating a need for supervision is entitled to have all
  records related to all conduct indicating a need for supervision
  matters sealed without applying to the juvenile court if the
  person:
               (1)  has records relating to the conduct filed with the
  court clerk;
               (2)  is at least 19 [18] years of age;
               (3)  has not been referred to the juvenile probation
  department for delinquent conduct;
               (4)  has not as an adult been convicted of a felony; and
               (5)  does not have any pending charges as an adult for a
  felony or a misdemeanor punishable by confinement in jail.
         SECTION 4.24.  Section 58.256(c), Family Code, is amended to
  read as follows:
         (c)  Except as provided by Subsection (d), the juvenile court
  may order the sealing of records related to all matters for which
  the person was referred to the juvenile probation department if the
  person:
               (1)  is at least 18 [17] years of age, or is younger
  than 18 [17] years of age and at least one year has elapsed after the
  date of final discharge in each matter for which the person was
  referred to the juvenile probation department;
               (2)  does not have any delinquent conduct matters
  pending with any juvenile probation department or juvenile court;
               (3)  was not transferred by a juvenile court to a
  criminal court for prosecution under Section 54.02;
               (4)  has not as an adult been convicted of a felony; and
               (5)  does not have any pending charges as an adult for a
  felony or a misdemeanor punishable by confinement in jail.
         SECTION 4.25.  Section 58.264(b), Family Code, is amended to
  read as follows:
         (b)  The records related to a person referred to a juvenile
  probation department may be destroyed if the person:
               (1)  is at least 19 [18] years of age, and:
                     (A)  the most serious conduct for which the person
  was referred was conduct indicating a need for supervision, whether
  or not the person was adjudicated; or
                     (B)  the referral or information did not relate to
  conduct indicating a need for supervision or delinquent conduct and
  the juvenile probation department, prosecutor, or juvenile court
  did not take action on the referral or information for that reason;
               (2)  is at least 21 years of age, and:
                     (A)  the most serious conduct for which the person
  was adjudicated was delinquent conduct that violated a penal law of
  the grade of misdemeanor; or
                     (B)  the most serious conduct for which the person
  was referred was delinquent conduct and the person was not
  adjudicated as having engaged in the conduct; or
               (3)  is at least 31 years of age and the most serious
  conduct for which the person was adjudicated was delinquent conduct
  that violated a penal law of the grade of felony.
         SECTION 4.26.  Section 59.005(b), Family Code, is amended to
  read as follows:
         (b)  The juvenile court or the probation department shall
  discharge the child from the custody of the probation department on
  the date the provisions of this section are met or on the child's
  19th [18th] birthday, whichever is earlier.
         SECTION 4.27.  Section 59.006(b), Family Code, is amended to
  read as follows:
         (b)  The juvenile court shall discharge the child from the
  custody of the probation department on the date the provisions of
  this section are met or on the child's 19th [18th] birthday,
  whichever is earlier.
         SECTION 4.28.  Section 59.007(b), Family Code, is amended to
  read as follows:
         (b)  The juvenile court shall discharge the child from the
  custody of the probation department on the date the provisions of
  this section are met or on the child's 19th [18th] birthday,
  whichever is earlier.
         SECTION 4.29.  Section 59.008(b), Family Code, is amended to
  read as follows:
         (b)  The juvenile court shall discharge the child from the
  custody of the probation department on the date the provisions of
  this section are met or on the child's 19th [18th] birthday,
  whichever is earlier.
         SECTION 4.30.  Section 59.009(c), Family Code, is amended to
  read as follows:
         (c)  The Texas Juvenile Justice Department, juvenile board,
  or local juvenile probation department may discharge the child from
  the custody of the department, board, or probation department, as
  applicable, on the date the provisions of this section are met or on
  the child's 20th [19th] birthday, whichever is earlier.
         SECTION 4.31.  Section 61.051(c), Family Code, is amended to
  read as follows:
         (c)  The juvenile court retains jurisdiction to enter a
  contempt order if the motion for enforcement is filed not later than
  six months after the child's 19th [18th] birthday.
         SECTION 4.32.  Section 614.019(b), Health and Safety Code,
  is amended to read as follows:
         (b)  A child with mental illness who is receiving continuity
  of care services during parole from the Texas Juvenile Justice
  Department and who is no longer eligible to receive services from a
  local mental health authority when the child becomes 18 [17] years
  of age because the child does not meet the requirements of a local
  service area plan under Section 533.0352(a) may continue to receive
  continuity of care services from the office until the child
  completes the child's parole.
         SECTION 4.33.  Section 63.001(1), Human Resources Code, is
  amended to read as follows:
               (1)  "Juvenile" means a person from the age of 13 [10]
  to 20 [18] years who:
                     (A)  has been found to have engaged in delinquent
  conduct by a juvenile court; and
                     (B)  is under the jurisdiction of the juvenile
  court [of competent jurisdiction].
         SECTION 4.34.  Section 152.0015, Human Resources Code, is
  amended to read as follows:
         Sec. 152.0015.  PRETRIAL DETENTION POLICY FOR CERTAIN
  JUVENILES. A juvenile board shall establish a policy that
  specifies whether a person who has been transferred for criminal
  prosecution under Section 54.02, Family Code, and is younger than
  18 [17] years of age may be detained in a juvenile facility pending
  trial as provided by Section 51.12, Family Code.
         SECTION 4.35.  Section 201.001(a)(2), Human Resources Code,
  is amended to read as follows:
               (2)  "Child" means an individual 13[:
                     [(A)  10] years of age or older and younger than 20
  [18] years of age who is under the jurisdiction of a juvenile
  court[; or
                     [(B)  10 years of age or older and younger than 19
  years of age who is committed to the department under Title 3,
  Family Code].
         SECTION 4.36.  Section 243.001(a), Human Resources Code, is
  amended to read as follows:
         (a)  The department may not assign a child younger than 16
  [15] years of age to the same correctional facility dormitory as a
  person who is at least 18 [17] years of age unless the department
  determines that the placement is necessary to ensure the safety of
  children in the custody of the department. This subsection does not
  apply to a dormitory that is used exclusively for short-term
  assessment and orientation purposes.
         SECTION 4.37.  Section 243.051(b), Human Resources Code, is
  amended to read as follows:
         (b)  A child who is arrested or taken into custody under
  Subsection (a) may be detained in any suitable place, including an
  adult jail facility if the person is 18 [17] years of age or older,
  until the child is returned to the custody of the department or
  transported to a department facility.
         SECTION 4.38.  Section 244.014(a), Human Resources Code, is
  amended to read as follows:
         (a)  After a child sentenced to commitment under Section
  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
  years of age but before the child becomes 20 [19] years of age, the
  department may refer the child to the juvenile court that entered
  the order of commitment for approval of the child's transfer to the
  Texas Department of Criminal Justice for confinement if:
               (1)  the child has not completed the sentence; and
               (2)  the child's conduct, regardless of whether the
  child was released under supervision under Section 245.051,
  indicates that the welfare of the community requires the transfer.
         SECTION 4.39.  Section 244.015, Human Resources Code, is
  amended to read as follows:
         Sec. 244.015.  EVALUATION OF CERTAIN CHILDREN SERVING
  DETERMINATE SENTENCES. (a) When a child who is sentenced to
  commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
  Family Code, becomes 19 [18] years of age, the department shall
  evaluate whether the child is in need of additional services that
  can be completed in the six-month period after the child's 19th
  [18th] birthday to prepare the child for release from the custody of
  the department or transfer to the Texas Department of Criminal
  Justice.
         (b)  This section does not apply to a child who is released
  from the custody of the department or who is transferred to the
  Texas Department of Criminal Justice before the child's 19th [18th]
  birthday.
         SECTION 4.40.  Section 245.053(i), Human Resources Code, is
  amended to read as follows:
         (i)  If the department requires as a condition of release
  that a child attend psychological counseling under Subsection (a),
  the department may, before the date the period of release ends,
  petition the appropriate court to request the court to extend the
  period of release for an additional period necessary to complete
  the required counseling as determined by the treatment provider,
  except that the release period may not be extended to a date after
  the date of the child's 19th [18th] birthday.
         SECTION 4.41.  Sections 245.151(d) and (e), Human Resources
  Code, are amended to read as follows:
         (d)  Except as provided by Subsection (e), the department
  shall discharge from its custody a person not already discharged on
  the person's 20th [19th] birthday.
         (e)  The department shall transfer a person who has been
  sentenced under a determinate sentence to commitment under Section
  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
  returned to the department under Section 54.11(i)(1), Family Code,
  to the custody of the Texas Department of Criminal Justice on the
  person's 20th [19th] birthday, if the person has not already been
  discharged or transferred, to serve the remainder of the person's
  sentence on parole as provided by Section 508.156, Government Code.
         SECTION 4.42.  (a) Except as provided by Subsection (b) of
  this section, the changes in law made by this article apply only to
  procedures relating to conduct that occurs on or after September 1,
  2021. Procedures relating to conduct that occurred before
  September 1, 2021, are governed by the law in effect on the date the
  conduct occurred, and the former law is continued in effect for that
  purpose.
         (b)  The change in law made by this article to Section
  58.0052, Family Code, applies to the sharing of information on or
  after September 1, 2021, without regard to whether the information
  was compiled before, on, or after that date.
         (c)  For purposes of this section, conduct occurred before
  September 1, 2021, if any element of the conduct occurred before
  that date.
  ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
  RESPONSIBILITY
         SECTION 5.01.  Section 109.001(5), Business & Commerce Code,
  is amended to read as follows:
               (5)  "Confidential criminal record information of a
  child" means information about a person's involvement in the
  criminal justice system resulting from conduct that occurred or was
  alleged to occur when the person was younger than 18 [17] years of
  age that is confidential under Chapter 45, Code of Criminal
  Procedure, or other law. The term does not include:
                     (A)  criminal record information of a person
  certified to stand trial as an adult for that conduct, as provided
  by Section 54.02, Family Code; or
                     (B)  information relating to a traffic offense.
         SECTION 5.02.  Section 65.251(b), Family Code, is amended to
  read as follows:
         (b)  If a child fails to obey an order issued by a truancy
  court under Section 65.103(a) or a child is in direct contempt of
  court and the child has failed to obey an order or has been found in
  direct contempt of court on two or more previous occasions, the
  truancy court, after providing notice and an opportunity for a
  hearing, may refer the child to the juvenile probation department
  as a request for truancy intervention, unless the child failed to
  obey the truancy court order or was in direct contempt of court
  while 18 [17] years of age or older.
         SECTION 5.03.  Section 79.001(10), Government Code, is
  amended to read as follows:
               (10)  "Juvenile offense" means conduct committed by a
  person while younger than 18 [17] years of age that constitutes:
                     (A)  a misdemeanor punishable by confinement; or
                     (B)  a felony.
         SECTION 5.04.  Section 511.009(a), Government Code, is
  amended to read as follows:
         (a)  The commission shall:
               (1)  adopt reasonable rules and procedures
  establishing minimum standards for the construction, equipment,
  maintenance, and operation of county jails;
               (2)  adopt reasonable rules and procedures
  establishing minimum standards for the custody, care, and treatment
  of prisoners;
               (3)  adopt reasonable rules establishing minimum
  standards for the number of jail supervisory personnel and for
  programs and services to meet the needs of prisoners;
               (4)  adopt reasonable rules and procedures
  establishing minimum requirements for programs of rehabilitation,
  education, and recreation in county jails;
               (5)  revise, amend, or change rules and procedures if
  necessary;
               (6)  provide to local government officials
  consultation on and technical assistance for county jails;
               (7)  review and comment on plans for the construction
  and major modification or renovation of county jails;
               (8)  require that the sheriff and commissioners of each
  county submit to the commission, on a form prescribed by the
  commission, an annual report on the conditions in each county jail
  within their jurisdiction, including all information necessary to
  determine compliance with state law, commission orders, and the
  rules adopted under this chapter;
               (9)  review the reports submitted under Subdivision (8)
  and require commission employees to inspect county jails regularly
  to ensure compliance with state law, commission orders, and rules
  and procedures adopted under this chapter;
               (10)  adopt a classification system to assist sheriffs
  and judges in determining which defendants are low-risk and
  consequently suitable participants in a county jail work release
  program under Article 42.034, Code of Criminal Procedure;
               (11)  adopt rules relating to requirements for
  segregation of classes of inmates and to capacities for county
  jails;
               (12)  require that the chief jailer of each municipal
  lockup submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 18 [17] years of age
  securely detained in the lockup, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in municipal lockups;
               (13)  at least annually determine whether each county
  jail is in compliance with the rules and procedures adopted under
  this chapter;
               (14)  require that the sheriff and commissioners court
  of each county submit to the commission, on a form prescribed by the
  commission, an annual report of persons under 18 [17] years of age
  securely detained in the county jail, including all information
  necessary to determine compliance with state law concerning secure
  confinement of children in county jails;
               (15)  schedule announced and unannounced inspections
  of jails under the commission's jurisdiction using the risk
  assessment plan established under Section 511.0085 to guide the
  inspections process;
               (16)  adopt a policy for gathering and distributing to
  jails under the commission's jurisdiction information regarding:
                     (A)  common issues concerning jail
  administration;
                     (B)  examples of successful strategies for
  maintaining compliance with state law and the rules, standards, and
  procedures of the commission; and
                     (C)  solutions to operational challenges for
  jails;
               (17)  report to the Texas Correctional Office on
  Offenders with Medical or Mental Impairments on a jail's compliance
  with Article 16.22, Code of Criminal Procedure;
               (18)  adopt reasonable rules and procedures
  establishing minimum requirements for a county jail to:
                     (A)  determine if a prisoner is pregnant;
                     (B)  ensure that the jail's health services plan
  addresses medical care, including obstetrical and gynecological
  care, mental health care, nutritional requirements, and any special
  housing or work assignment needs for prisoners who are known or
  determined to be pregnant; and
                     (C)  identify when a pregnant prisoner is in labor
  and provide appropriate care to the prisoner, including promptly
  transporting the prisoner to a local hospital;
               (19)  provide guidelines to sheriffs regarding
  contracts between a sheriff and another entity for the provision of
  food services to or the operation of a commissary in a jail under
  the commission's jurisdiction, including specific provisions
  regarding conflicts of interest and avoiding the appearance of
  impropriety;
               (20)  adopt reasonable rules and procedures
  establishing minimum standards for prisoner visitation that
  provide each prisoner at a county jail with a minimum of two
  in-person, noncontact visitation periods per week of at least 20
  minutes duration each;
               (21)  require the sheriff of each county to:
                     (A)  investigate and verify the veteran status of
  each prisoner by using data made available from the Veterans
  Reentry Search Service (VRSS) operated by the United States
  Department of Veterans Affairs or a similar service; and
                     (B)  use the data described by Paragraph (A) to
  assist prisoners who are veterans in applying for federal benefits
  or compensation for which the prisoners may be eligible under a
  program administered by the United States Department of Veterans
  Affairs;
               (22)  adopt reasonable rules and procedures regarding
  visitation of a prisoner at a county jail by a guardian, as defined
  by Section 1002.012, Estates Code, that:
                     (A)  allow visitation by a guardian to the same
  extent as the prisoner's next of kin, including placing the
  guardian on the prisoner's approved visitors list on the guardian's
  request and providing the guardian access to the prisoner during a
  facility's standard visitation hours if the prisoner is otherwise
  eligible to receive visitors; and
                     (B)  require the guardian to provide the sheriff
  with letters of guardianship issued as provided by Section
  1106.001, Estates Code, before being allowed to visit the prisoner;
               (23)  adopt reasonable rules and procedures to ensure
  the safety of prisoners, including rules and procedures that
  require a county jail to:
                     (A)  give prisoners the ability to access a mental
  health professional at the jail or through a telemental health
  service 24 hours a day or, if a mental health professional is not at
  the county jail at the time, then require the jail to use all
  reasonable efforts to arrange for the inmate to have access to a
  mental health professional within a reasonable time;
                     (B)  give prisoners the ability to access a health
  professional at the jail or through a telehealth service 24 hours a
  day or, if a health professional is unavailable at the jail or
  through a telehealth service, provide for a prisoner to be
  transported to access a health professional; and
                     (C)  if funding is available under Section
  511.019, install automated electronic sensors or cameras to ensure
  accurate and timely in-person checks of cells or groups of cells
  confining at-risk individuals; and
               (24)  adopt reasonable rules and procedures
  establishing minimum standards for the quantity and quality of
  feminine hygiene products, including tampons in regular and large
  sizes and menstrual pads with wings in regular and large sizes,
  provided to a female prisoner.
         SECTION 5.05.  Section 351.903(a), Local Government Code, is
  amended to read as follows:
         (a)  To provide for the public safety, the commissioners
  court of a county by order may adopt a curfew to regulate the
  movements or actions of persons under 18 [17] years of age during
  the period beginning one-half hour after sunset and extending until
  one-half hour before sunrise or during school hours, or both. The
  order applies only to the unincorporated area of the county.
         SECTION 5.06.  Section 521.201, Transportation Code, is
  amended to read as follows:
         Sec. 521.201.  LICENSE INELIGIBILITY IN GENERAL. The
  department may not issue any license to a person who:
               (1)  is under 15 years of age;
               (2)  is under 18 years of age unless the person complies
  with the requirements imposed by Section 521.204;
               (3)  is shown to be addicted to the use of alcohol, a
  controlled substance, or another drug that renders a person
  incapable of driving;
               (4)  holds a driver's license issued by this state or
  another state or country that is revoked, canceled, or under
  suspension;
               (5)  has been determined by a judgment of a court to be
  totally incapacitated or incapacitated to act as the operator of a
  motor vehicle unless the person has, by the date of the license
  application, been:
                     (A)  restored to capacity by judicial decree; or
                     (B)  released from a hospital for the mentally
  incapacitated on a certificate by the superintendent or
  administrator of the hospital that the person has regained
  capacity;
               (6)  the department determines to be afflicted with a
  mental or physical disability or disease that prevents the person
  from exercising reasonable and ordinary control over a motor
  vehicle while operating the vehicle on a highway, except that a
  person may not be refused a license because of a physical defect if
  common experience shows that the defect does not incapacitate a
  person from safely operating a motor vehicle;
               (7)  has been reported by a court under Section
  521.3452 for failure to appear unless the court has filed an
  additional report on final disposition of the case; or
               (8)  has been reported by a court for failure to appear
  or default in payment of a fine for a misdemeanor that is not
  covered under Subdivision (7) and that is punishable by a fine only,
  including a misdemeanor under a municipal ordinance, committed by a
  person who was under 18 [17] years of age at the time of the alleged
  offense, unless the court has filed an additional report on final
  disposition of the case.
         SECTION 5.07.  Section 65.251(b), Family Code, and Section
  521.201, Transportation Code, as amended by this article, apply
  only to an offense committed or conduct that occurred on or after
  September 1, 2021. An offense committed or conduct that occurred
  before September 1, 2021, is governed by the law in effect on the
  date the offense was committed or the conduct occurred, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed or conduct occurred before
  September 1, 2021, if any element of the offense or conduct occurred
  before that date.
  ARTICLE 6. MISCELLANEOUS JUVENILE JUSTICE REFORM
         SECTION 6.01.  Section 37.007(f), Education Code, is amended
  to read as follows:
         (f)  A student who engages in conduct that contains the
  elements of the offense of criminal mischief under Section 28.03,
  Penal Code, may be expelled at the district's discretion if the
  conduct is punishable as a felony under that section. [The student
  shall be referred to the authorized officer of the juvenile court
  regardless of whether the student is expelled.]
         SECTION 6.02.  Section 54.04(b), Family Code, is amended to
  read as follows:
         (b)  At the disposition hearing, the juvenile court,
  notwithstanding the Texas Rules of Evidence or Chapter 37, Code of
  Criminal Procedure, may consider written reports from probation
  officers, professional court employees, or professional
  consultants in addition to the testimony of witnesses. If a risk
  and needs assessment of the child has been conducted, the juvenile
  court shall consider the assessment in disposition. On or before
  the second day before the date of the disposition hearing, the court
  shall provide the attorney for the child and the prosecuting
  attorney with access to all written matter to be considered by the
  court in disposition. The court may order counsel not to reveal
  items to the child or the child's parent, guardian, or guardian ad
  litem if such disclosure would materially harm the treatment and
  rehabilitation of the child or would substantially decrease the
  likelihood of receiving information from the same or similar
  sources in the future.
         SECTION 6.03.  Section 54.05, Family Code, is amended by
  adding Subsection (n) to read as follows:
         (n)  If a court finds after a hearing to modify disposition
  that a child violated a condition of probation by engaging in
  conduct that does not violate a penal law of this state, the court
  may not modify the disposition by ordering the placement of the
  child in a juvenile facility solely because of the violation unless
  the conduct indicates that the child may be dangerous to the child's
  self or may threaten the safety of the public.
         SECTION 6.04.  Subchapter A, Chapter 221, Human Resources
  Code, is amended by adding Section 221.013 to read as follows:
         Sec. 221.013.  COMMUNITY REINVESTMENT FUND. (a) A county
  shall establish a community reinvestment fund.
         (b)  The juvenile board or juvenile probation department of
  the county shall partner with research-based service providers in
  the community to use money in the community reinvestment fund to
  provide services as an alternative to juvenile detention for youth
  in the community, including by providing mentoring, behavioral and
  mental health services, financial or housing assistance, job
  training, educational services, and after-school activities.
         (c)  The community reinvestment fund may be funded by:
               (1)  surplus funds of the department;
               (2)  the county; or
               (3)  gifts, grants, and donations.
         SECTION 6.05.  The changes in law made by this article apply
  only to an offense committed or conduct that occurs on or after
  September 1, 2021. An offense committed or conduct that occurs
  before September 1, 2021, is governed by the law in effect on the
  date the offense was committed or the conduct occurred, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed or conduct occurred before
  September 1, 2021, if any element of the offense or conduct occurred
  before that date.
  ARTICLE 7. EFFECTIVE DATE
         SECTION 7.01.  This Act takes effect September 1, 2021.